Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 25

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          estate were legitimate.  Respondent argues they were not.                   
          Respondent has generally determined that the estate, acting                 
          through its coexecutors:  (1) Attempted to conceal assets from              
          the Government, (2) intentionally undervalued assets, and                   
          (3) intentionally overvalued deductions.  Respondent has adjusted           
          the reported values of the subject assets and deductions,                   
          determined values for the unreported assets, and determined that            
          the estate committed fraud.  The estate generally argues that it            
          did nothing fraudulent.  According to the estate, it may have               
          misvalued some of the reported assets and deductions, and failed            
          to report some other assets, but it did not do so with the                  
          requisite fraudulent intent.  The estate also asserts that it did           
          not misvalue the items to the extent determined by respondent.              
               We must disentangle the proffered values of decedent's                 
          wealth and determine whether the disputed items are adjustments             
          to his reported taxable estate.  We also must pass on                       
          respondent's determination of fraud.  Fraud is a powerful                   
          assertion that we do not take lightly.  A bright line exists                
          between fraudulent and negligent conduct, and an attempt to                 
          remove value from an estate does not necessarily constitute                 
          fraud.  One is not required to arrange his or her affairs so that           
          the Government will receive more tax than it is rightfully owed.            
          Nor is it fraudulent to construe an ambiguous law reasonably in a           
          manner that is adverse to the Government.  Fraud occurs, however,           





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