- 13 - with Magna Carta, the trust, and his father’s death. Respondent argues that Edgar was aware at the time of filing his 1989 return that the court had held that the $135,550 belonged to Magna Carta and that it should be returned. Edgar, who was alienated from his father and family, was not aware of his father’s holdings or prior litigation. He believed that the amount received by him was a nontaxable inheritance from his father. That belief was based on his father’s deathbed representations and the fact that Edgar had received the $135,550 from the trust. At the time of the filing of Edgar’s return, the court’s holding was being appealed on the theory that the moneys received were inheritances. Edgar was not involved in pursuing the litigation, and he was generally unaware of the court’s holdings. Edgar had no working knowledge of Magna Carta and believed that the trust was based on his father’s deathbed intent to permit Edgar to inherit from his father. In addition, Edgar, a disabled fireman who had no background in these matters, inquired of his return preparer about whether an inheritance from his father was taxable. Edgar provided his preparer with information about the $135,550 based on his understanding. The return preparer, who was a certified public accountant specializing in tax and who had prepared Edgar’s returns since 1969, advised that it was not taxable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011