Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 66

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          experience.  She also is knowledgeable on, and has experience               
          with, her personal income tax returns which are filed under                 
          penalties of perjury.                                                       
               We conclude that this factor evidences fraud.                          
               c.  Omission or Concealment of Assets                                  
               Respondent argues that the estate omitted and concealed                
          assets, and that these actions evidence fraud.  Respondent points           
          to the fact that the estate failed to report a large amount of              
          assets.  The estate concedes that certain items were wrongly                
          omitted from the decedent's estate tax return, but argues that              
          the estate did not fail to report these items intending to                  
          conceal them.  The estate contends that the items seized from the           
          safe deposit boxes were given to the coexecutors in September               
          1991, and that the coexecutors believed that the assets were not            
          includable in the estate.                                                   
               We agree with respondent that the presence of unreported               
          assets in this case is evidence of fraud.  The decedent had                 
          advised Ms. Gonzalez of his holdings at a point in time that was            
          close to his death, and he had introduced her to all of his                 
          advisers.  The coexecutors simply did not include all of the                
          decedent's assets in his gross estate.  Even if we were to assume           
          arguendo (and contrary to the record) that the decedent gave some           
          items to the coexecutors in September 1991, this does not explain           
          why several other items were omitted from the decedent's estate             





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