Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 30

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          full when it is due, nor does it defer a taxpayer's duty to pay             
          the tax promptly.  Manning v. Seeley Tube & Box Co., 338 U.S. 561           
          (1950).2                                                                    
               Any distinction between the calculation of an estate tax               
          liability and the calculation of an income tax liability has no             
          bearing on the taxpayer's statutory obligation to file an                   
          accurate and timely return.  The reasoning in the line of cases             
          holding that a net operating loss (NOL) carryback will not reduce           
          the amount of an income tax underpayment for purposes of                    
          computing a penalty or an addition to tax was not based on the              
          unique nature of the income tax.                                            
               The rationale in C.V.L. Corp. v. Commissioner, 17 T.C. 812             
          (1951), is not based on the fact that each taxable year is a                
          separate year for income tax purposes as the majority claims.               
          Majority op. p. 6.  In that case we upheld a delinquency penalty            
          even though the deficiency had been eliminated by an NOL                    
          carryback because the obligation to file a timely return was                

               2In Manning v. Seeley Tube & Box Co., 338 U.S. 561, 565                
          (1950), the Court stated:                                                   

               The problem with which we are concerned in this case is                
               whether the interest on a validly assessed deficiency                  
               is abated when the deficiency itself is abated by the                  
               carryback of a net operating loss.                                     
                    * * * The subsequent cancellation of the duty to                  
               pay this assessed deficiency does not cancel in like                   
               manner the duty to pay the interest on that deficiency.                
               From the date the original return was to be filed until                
               the date the deficiency was actually assessed, the                     
               taxpayer had a positive obligation to the United                       
               States:  a duty to pay its tax. * * * [Emphasis added.]                


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