Estate of Glenn G. Forgey - Page 3




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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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