Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 24

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                                       OPINION7                                       
               Congress has imposed a graduated estate tax on wealth                  
          passing from one generation to another.  The decedent was a man             
          of considerable wealth, and his transfer of this wealth to the              
          objects of his bounty was subject to this tax to a significant              
          degree.  To the extent that his wealth could be excluded from his           
          taxable estate, his estate tax burden would be reduced and a                
          greater portion of his wealth would pass on to the coexecutors,             
          who were his daughters and only beneficiaries.  From the point of           
          view of the coexecutors, they would benefit directly by the                 
          removal of any value from the decedent's taxable estate.                    
               Taxpayers may remove value from an estate, and otherwise               
          minimize their taxes, by employing any legitimate means.  In the            
          case at hand, the question is whether the means employed by the             

               7 During the trial, respondent elicited testimony from                 
          witnesses who included Kathleen Goldberg, Ira M. Goldberg, and              
          Larry Goldberg.  We find little of this testimony to be credible.           
          Much of their testimony was vague, elusive, uncorroborated,                 
          inconsistent, and self-serving.  Mr. Goldberg, in particular, is            
          a person of questionable veracity.  He did not reveal assets held           
          by Superior which rightly belonged to the estate, he is a paid              
          informant who is biased, and he was involved in litigation with             
          the estate which fostered ill will between him and the estate's             
          representatives.  Under the circumstances, we are not required              
          to, and we do not, rely on the testimony of these witnesses to              
          support respondent's positions herein.  See Combs v. Plantation             
          Patterns, 106 F.3d 1519, 1538 (11th Cir. 1997); Henson v.                   
          Commissioner, 887 F.2d 1520, 1526 (11th Cir. 1989), affg. T.C.              
          Memo. 1988-275; Ruark v. Commissioner, 449 F.2d 311, 312 (9th               
          Cir. 1971), affg. per curiam T.C. Memo. 1969-48; Clark v.                   
          Commissioner, 266 F.2d 698, 708-709 (9th Cir. 1959), affg. in               
          part and remanding in part T.C. Memo. 1957-129; Tokarski v.                 
          Commissioner, 87 T.C. 74, 77 (1986).                                        




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