Estate of Florence H. Devida Johnson - Page 5




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          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.                                          




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