William D. Little - Page 12




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          that the tax liabilities in issue were discovered by Mr. Lahr.              
          But almost all the estate’s assets had already been distributed             
          by then.  As a result, on November 30, 1993, petitioner submitted           
          an Offer in Compromise and sent a check for $17,586.07, the                 
          balance of the estate’s assets, to respondent.  The offer was not           
          accepted, and several months later respondent returned the check            
          to petitioner without explanation.  Petitioner immediately                  
          informed Mr. Lahr.  Thereafter, Mr. Lahr and Mr. Dilg met with              
          representatives of respondent and erroneously concluded that                
          respondent would drop the tax claims against the estate.  They              
          informed petitioner of this, and Mr. Lahr advised petitioner to             
          make the final disbursements and to close the estate.  Relying on           
          the advice of the estate’s attorney and the certified public                
          accountant, petitioner closed the estate.                                   
               A fiduciary who knows of a debt due to the United States               
          cannot delegate his responsibility to pay such a debt.  The act             
          of payment requires no legal expertise.  If a fiduciary delegates           
          to an attorney responsibility to make payment, he assumes the               
          responsibility for the attorney’s actions.  Under such                      
          circumstances, failure to pay a debt due to the United States               
          gives rise to personal liability under 31 U.S.C. section 3713(b).           
          See Leigh v. Commissioner, supra at 1112-1113.  The question                
          presented here is different; the question is whether petitioner             
          had the requisite knowledge at the time that he was disbursing              





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