Estate of Frank A. Branson - Page 4




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          March, as executrix, was granted authority to sell 2,800 shares             
          of Savings stock at $335 per share and 500 shares of Willits                
          stock at $850 per share.  March sold the shares in 1992 and paid            
          Federal and State of California estate taxes of $1,008,698 and              
          $200,632, respectively.  March, as executrix and residuary                  
          legatee, assumed individual liability for any estate taxes later            
          found due from petitioner.                                                  
               Petitioner reported the capital gain from the sales of the             
          Savings and Willits shares on Schedule D of its 1992 Form 1041,             
          U.S. Fiduciary Income Tax Return, which it filed on or about                
          April 15, 1993.  Petitioner calculated the gain by subtracting              
          the value of the shares reported on the estate tax return from              
          the amount received from their sale.  Petitioner reported                   
          $429,800 of gain from the sale of the Savings shares and $182,500           
          from the sale of the Willits shares.1  Petitioner, however, did             
          not pay any income tax on these gains; instead, it reported a net           
          long-term capital gain distribution of $610,274 to March on                 
          Schedule K-1, Beneficiary's Share of Income, Deductions, Credits,           
          Etc., which it attached to the Form 1041.                                   
               March and her husband, Charles March, filed their 1992 Form            
          1040, U.S. Individual Income Tax Return, using the status of                


               1Petitioner also reported $6,955 of long-term capital gain             
          from the sale of 2,000 shares of PG&E stock and a $738 net long-            
          term capital loss carryover from 1991.  The value of the PG&E               
          shares and the loss carryover are not at issue in this case.                




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