- 38 - attempt to detect and recover fraudulently omitted tax and by interest charged for the period during which the fraudulently omitted tax was not paid.1 This thwarts the very purpose of the penalty. Respondent's concern that the "government's reimbursement [through the fraud penalty] could be consumed by the * * * [estate's] counsels' fees and fees being paid to the trustees, who happen to be the beneficiaries of the estate", majority op. p. 12, should concern us as well. This case appears to have been hotly contested. The Court's initial opinion depicts a massive fraud that respondent proved by clear and convincing evidence. See Estate of Trompeter v. Commissioner, T.C. Memo. 1998-35. Under the majority's holding, for every dollar that the estate incurs in unsuccessfully fighting the deficiency and fraud penalty, it could potentially save more than $.96 in tax and penalties! A simple hypothetical may help explain this: Assume a 55- percent tax rate and a timely filed fraudulent return showing a taxable estate of $1,000.2 The estate reports and pays tax of $550 with the return. Later, the value of the taxable estate (before postreturn expenses) is determined by the Commissioner to be $2,000. The total amount of tax that should have been shown 1Petitioner is claiming postreturn administrative expenses of $926,274 and interest expenses in the amount of $4,167,275. 2This is just an example. The 55-percent rate is applied to taxable estates exceeding $3 million. Petitioner was clearly in the 55-percent bracket.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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