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2. David was the fiduciary (personal representative) of
Sloan's estate within the purview of 31 U.S. section 3713(b).
David is responsible for the payment of income and estate taxes, as
well as additions to tax, owed by Sloan's estate.
3. After Sloan's death on March 8, 1987, his estate was
insolvent. As personal representative of Sloan's estate, David
transferred to himself all the assets of Sloan’s estate. David is
liable as a transferee of the assets of Sloan’s estate for the
income and estate taxes, as well as additions to tax, owed by
Sloan's estate.
OPINION
Preliminarily, we must determine whether Sloan's purported
signatures on the stock certificates (representing the 110,000
shares) and checks (hereinafter referred to as stock certificates
and checks) were genuine.
Handwriting Experts
Each party presented an expert to determine the genuineness of
Sloan's purported signatures on the stock certificates and checks.
The experts agreed that Sloan's purported signatures on the stock
certificates and checks were either traced or simulated;1 thus,
1 A “tracing” occurs where an individual creates a
mechanical copy of another's signature by handwriting.
“Simulated” is defined as an effort to copy the handwriting style
or characteristics of another.
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