- 7 - No one can say for a certainty when their respective deaths will occur. More importantly, the events that might occur after the death of the applicants are all speculative. Upon the respective deaths of the applicants, if representatives of each of the estates conclude the estates were subject to estate tax, Federal estate tax returns would be due 9 months after the death of each applicant. Secs. 6018, 6075. The Federal estate tax returns might or might not be filed. Assuming Federal estate tax returns were filed, or were required to be filed, the Internal Revenue Service might examine the returns and/or the estates. If examined, adjustments might be made, and each respective estate might disagree with proposed adjustments. At some point, a notice of deficiency to each estate might be issued, and a petition might be filed on behalf of each estate. Unlike the circumstances in GlaxoSmithKline Holdings, there are far too many contingencies for us to conclude that the respective legal representatives of the applicants will be parties cognizable in this Court. In Reed v. Commissioner, supra at 701, we emphasized that “The relief provided for by Rule 82 is an extraordinary measure and invoked only to prevent the failure or delay of justice.” See also Masek v. Commissioner, 92 T.C. 814, 815 (1989), supplementing 91 T.C. 1096 (1988). We are not persuaded on this record that the perpetuation of the applicants’Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011