Estate of Edward J. Kunze, Deceased, Carol Ann Hause, Executor - Page 2




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          requirements of section 7430(c)(4)(A)(ii).1  The issue for                  
          decision is whether section 7430(c)(4)(D) applies in determining            
          the net worth requirements for an estate seeking review under               
          section 6404(i) of a failure to abate interest.                             
               After respondent issued a final determination denying                  
          petitioner’s request to abate interest, a timely petition for               
          review under section 6404 was filed with this Court.  Respondent            
          thereafter filed a motion to dismiss for lack of jurisdiction,              
          with exhibits, to which petitioner filed an objection, with                 
          exhibits.  The Court held a hearing on the motion, received an              
          additional exhibit, and granted leave for the parties to file               
          briefs supporting their positions.  We decide the motion based on           
          the hearing record, respondent’s motion, petitioner’s objection,            
          the exhibits, and the briefs.                                               
                                     Background                                       
               Edward J. Kunze (decedent) died on December 18, 1992.  Carol           
          Ann Hause is the independent executor for the estate of decedent            
          (estate).  The executor resided in East Lansing, Michigan, at the           
          time the petition was filed.  Decedent was domiciled in Cook                
          County, Illinois, on the date of death, and his estate was                  
          probated in Cook County, Illinois.  The value of the gross estate           
          as of December 18, 1992 (decedent’s date of death), as agreed to            


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code.                                                  






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