- 5 - Check number 30 represents payment on a judgment obtained by Ms. Johnson against Mr. Johnson on June 8, 1987, for delinquent child support.2 Check number 31 represents payment on a judgment obtained by Benton Dental against Mr. Johnson on July 7, 1988.3 The nature of the remaining payments is unknown. Prior to making these distributions, Ms. Johnson filed an inheritance tax return with the Commonwealth of Pennsylvania regarding Mr. Johnson's estate. Therein, she stated Mr. Johnson owed the Internal Revenue Service $30,000. Ms. Johnson made no payments to the Internal Revenue Service for these taxes. Mr. Johnson's estate was insolvent at all times. Respondent determined Ms. Johnson is personally liable as a fiduciary pursuant to title 31 U.S.C. section 3713(b) for unpaid tax, additions to tax, and interest owed by Mr. Johnson to the extent of the five payments made by Ms. Johnson of $49,300.27. Discussion The Federal government's claim to priority over creditors of an insolvent estate rests on a statute that has been in effect for more than 200 years. See United States v. Estate of Romani, 523 U.S. 517 (1998); United States v. Moore, 423 U.S. 77, 80 2This judgment was entered in the Court of Common Pleas of Philadelphia County, Philadelphia, Pennsylvania., Family Court Division. 3The judgment was entered in the Court of Common Pleas of Philadelphia County, Pennsylvania.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011