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(2) Whether the estate is liable for the section 6651 addition to
tax for the failure to file the estate tax return timely. We
hold it is.
Background
This case was submitted fully stipulated under Rule 122.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference.
Edward H. Eddy (decedent), died testate on April 13, 1993,
in Cuyahoga County, Ohio. At the time the petition in this case
was filed, Douglas Eddy (Eddy) was the executor of the estate and
resided at Bainbridge, Ohio.3
At the time of his death, decedent owned 237,352 shares of
stock in Browning-Ferris Industries, Inc. (BFI), which
represented approximately 0.014 percent of the BFI shares
outstanding during 1993. Shares of BFI are traded on an
established securities market.
The due date for filing the decedent's Federal estate tax
return was January 13, 1994, 9 months after decedent's death.
The return was not filed then. Instead, on the day before the
2(...continued)
Practice and Procedure.
3Eddy died on Jan. 18, 2000. Item V, par. A, of decedent's
will provided for the appointment of National City Bank as
executor in the event that Eddy was unable or ceased to serve in
this capacity. National City Bank (the bank) has been appointed
the executor of the estate. The bank's address was Cleveland,
Ohio, at the time of its appointment.
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