William D. Little - Page 11




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          "It is this knowing disregard of the debts due to the United                
          States that imposes liability on the fiduciary".  Leigh v.                  
          Commissioner, supra at 1109-1110 (citing United States v.                   
          Crocker, 313 F.2d 946 (9th Cir. 1963)).                                     
               It is clear that petitioner had no actual knowledge of the             
          estate’s income tax liabilities at the time that he made                    
          disbursements and distributions from the estate.  However,                  
          respondent argues that petitioner's receipt of Forms W-2 and 1099           
          and subsequent notices would have put a reasonably prudent person           
          in petitioner's position on inquiry as to the existence of the              
          debts due to the United States for unpaid income taxes.                     
               We agree that the receipt of the tax information forms in              
          January 1990 and 1991 was sufficient to put petitioner on                   
          inquiry.  However, petitioner, having been put on inquiry, acted            
          in a prudent and reasonable manner consistent with his fiduciary            
          duties.  Petitioner forwarded the forms to the estate’s attorney,           
          Mr. Lahr, and sought his advice.  Mr. Lahr informed petitioner              
          that because of the estate's size, the estate had no income tax             
          liabilities.  Mr. Lahr's legal advice was wrong.                            
               Petitioner continued to receive the same advice from Mr.               
          Lahr after giving him other notices from respondent that                    
          indicated there might be unpaid income taxes for which the estate           
          might be liable.  It was not until the summer of 1993 when Mr.              
          Dilg was brought in and prepared and filed delinquent returns               





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