Estate of Florence H. Devida Johnson - Page 8




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          Johnson's finances.  We have carefully reviewed the entire                  
          stipulated record in this case and disagree with petitioner's               
          summation of the evidence.  Statements in petitioner's brief are            
          not evidence, and we disregard them in making our decision.  See            
          Rule 143(b); Bialo v. Commissioner, 88 T.C. 1132, 1140 (1987).              
          The facts in evidence probative on the issue of knowledge reveal            
          that Ms. Johnson knew Mr. Johnson owed the Internal Revenue                 
          Service $30,000 as of January 8, 1988.  On that date, which                 
          preceded each of the five disbursements at issue, Ms. Johnson               
          signed and filed Mr. Johnson’s inheritance tax return for the               
          Commonwealth of Pennsylvania.  The return specifically stated               
          that Mr. Johnson owed $30,000 to the Internal Revenue Service.4             
          Ms. Johnson should have faithfully discharged her duties as                 
          personal representative and paid the Internal Revenue Service the           
          $30,000 debt of which she was aware.                                        
               Petitioner also advances on brief several peripheral                   
          arguments, none of which are meritorious.  We reject petitioner's           
          suggestion that no personal liability can attach to Ms. Johnson             
          or her estate because the United States did not file a claim for            
          the taxes in the Probate Court.  See New v. Commissioner, supra             
          at 677.  We also reject petitioner's suggestion that the amounts            


               4While that return did not specify the year(s) and type of             
          taxes owed by Mr. Johnson, there is no evidence in this record              
          that Mr. Johnson owed any other taxes to the Internal Revenue               
          Service except for the ones at issue herein.                                




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