Estate of Ethel Josephine Spowart Hinz - Page 10




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          “eyesight is not what it used to be”, Christy misread the                   
          extension and inadvertently filed decedent’s estate tax return              
          late.  Christy later found out that he was suffering from an eye            
          condition called macular degeneration and suspects that this had            
          already begun to affect his eyesight by early 1993.                         
               On February 3, 1997, respondent issued a notice of                     
          deficiency determining a tax liability of $5,612,618, almost 45             
          percent more than the amount reported on the filed estate tax               
          return.                                                                     
               On February 6, 1997, an amended estate tax return was                  
          submitted to respondent.5  This amended tax return shows a tax              
          liability of $1,771,665, almost 55 percent less than the amount             
          reported on the filed estate tax return.                                    
                                                                                     
               Hinz delegated to Christy the duty of timely filing the tax            
          return.                                                                     

          5    On opening brief, respondent asks us to find that this                 
          amended estate tax return was “filed” on Feb. 6, 1997.                      
          Petitioner does not object to this proposed finding.  However,              
          the parties stipulate as follows:                                           
               This Amended Form 706 Federal Estate tax return has been               
               submitted to the Internal Revenue Service on February 6,               
               1997, but has not been filed pending resolution of the                 
               issues between the estate and the Internal Revenue Service             
               on the original Form 706 Federal estate tax return.                    
          We have not found anything in the record to indicate that the               
          parties’ stipulation was incorrect.  Our findings are in accord             
          with the parties’ stipulation and not the parties’ proposed                 
          findings of fact.                                                           





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