David R. Braden and Sharon F. Braden - Page 5




                                        - 5 -                                         
          agent.  At a meeting held shortly after Ms. Braden’s father died,           
          the estate’s probate counsel told petitioners there would be no             
          tax on the distributions because inheritances under $650,000 were           
          exempt from tax.  The retired IRS special agent, whom petitioner            
          had met at a class on financial crimes investigations, also told            
          petitioner, in response to petitioner’s question regarding the              
          taxability of an inheritance, that inheritances under $650,000              
          were exempt from tax.                                                       
               Ms. Braden also received interest earned on certain accounts           
          owned by her father at his death, but the interest income was not           
          reported on petitioners’ 1995 return.  Petitioner did not know              
          that part of the distributions received by Ms. Braden consisted             
          of interest income.6  Petitioner believed that all of the funds             
          distributed to Ms. Braden as a result of her father’s death were            
          simply an inheritance from Ms. Braden’s father.7                            
               Ms. Braden used approximately $10,000 of the distributions             
          she received as a result of her father’s death to pay her                   
          father’s hospital bills and gave half of the remaining money to             


               6We infer from the record as a whole that the accounts                 
          generating the omitted interest belonged to Ms. Braden’s father             
          before his death and that the omitted interest was part of the              
          distributions made to Ms. Braden as a result of his death.                  
               7Although respondent claims that petitioner did not assert             
          that he is entitled to relief from joint and several liability              
          with respect to the omitted interest income, petitioner                     
          consistently took the position throughout the case that he                  
          believed the distributions Ms. Braden received as a result of her           
          father’s death were a part of her nontaxable inheritance.                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011