- 9 - being closed. Petitioner was then advised by Mr. Lahr that there was no tax liability to be paid by the estate and that it was appropriate to pay out the remaining funds in the estate and to close the probate case. After receiving Mr. Dilg's and Mr. Lahr's advice, petitioner used the remaining assets of the estate to pay priority claims against the estate, and the estate was closed. In October 1995, a Statement of Account and Proposed Final Distribution, signed by petitioner and Mr. Lahr, was filed in the Probate Court of the Circuit Court, State of Missouri, which showed that all assets of the estate had been distributed and stated: "All claims, expenses of administration and taxes have been paid in full." On September 23, 1997, respondent determined that petitioner was liable for income taxes and additions to tax due from the estate and mailed a notice of liability to petitioner. OPINION Respondent argues that under 31 U.S.C. section 3713(b), petitioner is personally liable for the estate’s unpaid income tax liabilities. Title 31 U.S.C. section 3713 provides: Section 3713. Priority of Government claims (a)(1) A claim of the United States Government shall be paid first when– * * * * * * * (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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