Estate of Frank A. Branson - Page 43




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          States v. Bowcut, 287 F.2d at 656 (the "only act of this taxpayer           
          [the executrix] which contributed to the circumstance of a double           
          tax upon the estate was her erroneous return of estate tax                  
          liability"), the taxpayer in Estate of Harrah v. United States,             
          supra, engaged in several sales transactions with multiple                  
          valuation errors.                                                           
               In Parker v. United States, 110 F.3d 678 (9th Cir. 1997),              
          the appellants (sisters) were the two daughters of Eleanor Parker           
          (mother), who died in 1971.  In 1972, the sisters sued Edward               
          Allison (stepfather), alleging that he had abused his role as a             
          fiduciary by embezzling funds from the mother's separate assets             
          and from a testamentary trust created by the mother in 1958 for             
          the sisters.  The suit was settled in 1975 with the stepfather              
          agreeing in part to create a $325,000 settlement trust.  The                
          income of the settlement trust was to be paid to the stepfather,            
          and the remainder was to be paid to the sisters upon his death.             
               The stepfather died in 1985.  At the request of the executor           
          of the stepfather's estate, and over the objections of the                  
          sisters, the trustee paid $90,000 in estate taxes owed by the               
          stepfather's estate from the corpus of the settlement trust.  The           
          sisters filed a timely claim for refund following the estate tax            
          payment, which was rejected by the Government.  The sisters then            
          filed suit for refund in the District Court.                                







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