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The estate requests the Court to review the late-filing
addition to tax assessed by respondent prior to the issuance of
the notice of deficiency (the assessed addition to tax). In
response to respondent’s argument that we lack jurisdiction to do
so, the estate contends that, despite the resulting
overassessment in tax, a portion of the assessed addition to tax
is attributable to a deficiency. Therefore, the issues for
decision are whether the Court has jurisdiction to review any
portion of the assessed addition to tax, and if so, whether the
estate is liable for such addition.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulated facts and the related exhibits are incorporated
herein by reference.
Glenn G. Forgey (decedent) died testate on October 14, 1993.
At the time of his death, decedent resided in Keya Paha County,
Nebraska. Decedent’s son, Lyle A. Forgey (Mr. Forgey), was
appointed as the personal representative of decedent’s estate.
At the time the petition was filed, Mr. Forgey resided in
Springview, Nebraska.
The Federal estate tax return for the estate was originally
due on July 14, 1994.3 A day prior to the due date, Mr. Forgey
3 Form 706, United States Estate (and Generation-Skipping
Transfer) Tax Return, must be filed within 9 months of the
decedent’s date of death. See sec. 6075(a).
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Last modified: May 25, 2011