Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 56

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          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"                





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