William D. Little - Page 9




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          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.                     




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