113 T.C. No. 31 UNITED STATES TAX COURT WILLIAM D. LITTLE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 24598-97. Filed December 29, 1999. P was the personal representative of D’s estate. During administration of the estate, P received information indicating possible income tax liabilities of the estate. P gave this information to the estate’s lawyer, who erroneously and repeatedly advised P that the estate had no tax liabilities and advised P to make disbursements and distributions. P, acting in good faith, followed this advice and eventually closed the estate without paying the estate’s income tax liabilities. R determined that P is liable for the estate’s unpaid income tax liabilities under 31 U.S.C. sec. 3713(b) (1994), which generally imposes personal liability on a fiduciary who pays others before paying claims of the United States. Liability under 31 U.S.C. sec. 3713(b) has been judicially limited to situations where a fiduciary knowingly disregards debts due to the United States.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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