Estate of Ethel Josephine Spowart Hinz - Page 3




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          (late filing of tax return) and 6651(a)(2)(late payment of                  
          liability shown on tax return) against petitioner in the amounts            
          of $1,732,348, $530,094, and $297,523,2 respectively.  By                   
          amendment to petition, petitioner claims an overpayment of estate           
          tax.  After concessions by both sides, the issues for decision              
          are as follows:                                                             
                    (1) What the fair market values were of four of                   
               decedent’s real properties on the date of decedent’s death;            
                    (2) whether petitioner is liable for an addition to tax           
               under section 6651(a)(1); and                                          
                    (3) whether petitioner is liable for an addition to tax           
               under section 6651(a)(2).                                              
                                  FINDINGS OF FACT                                    
          In General                                                                  
               Some of the facts have been stipulated; the stipulations and           
          the stipulated exhibits are incorporated herein by this                     
          reference.3                                                                 

          2    In the notice of deficiency, the amount of the addition to             
          tax under sec. 6651(a)(2) was determined as $297,523 “computed to           
          the date of this notice” (Feb. 3, 1997), plus 0.5 percent per               
          month, to a maximum of 25 percent.  The proper amount is to be              
          determined in the computation under Rule 155.                               
                                                                                     
               Unless indicated otherwise, all Rule references are to the             
          Tax Court Rules of Practice and Procedure.                                  


          3    At trial, respondent raised certain relevance objections to            
          petitioner’s Exhibits 5 through 8 and 10 through 18.  The Court             
                                                             (continued...)           




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