- 56 - also Robinson v. Commissioner, 102 T.C. 116 (1994), affd. on this issue 70 F.3d 34 (5th Cir. 1995). As an initial matter, we find that the State court proceeding did not involve a real and bona fide controversy between adverse parties, and that the superior court's decree was not the result of its consideration of the merits of Ms. Trompeter's claim. See Estate of Nilson v. Commissioner, T.C. Memo. 1972-141. Ms. Trompeter was the coexecutors' mother, and the coexecutors' actions during the State court proceeding were more akin to daughters' trying to share inherited wealth with their parent at the expense of the tax collector, than a party suing another in a truly adversarial proceeding in a court of law. As a point of fact, the coexecutors did not investigate or legitimately challenge the validity of Ms. Trompeter's claim before they let their mother receive a significant part of the decedent's estate. Nor did Ms. Trompeter pursue payment on the "settlement" in a meaningful manner. She only pursued collection of the "settlement" when the superior court informed the parties there that they had neglected to file a dismissal in the case. Before this time, neither party had acted on the settlement or moved toward final judgment in 3 years. The estate had recovered the 191 coins from Superior in 1994, and the estate's recovery of the coins was the prerequisite to payment under the "settlement"Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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