- 2 - return that was filed and the estate taxes shown on the return, respondent assessed additions to tax under section 6651(a)(1) and (2) in the respective amounts of $24,952.02 and $27,726.69. Those amounts were paid by the estate, as to which an application for refund was filed with respondent and subsequently denied. Thereafter, respondent proposed a deficiency in estate tax in the amount of $14,363 and an addition to tax thereon under section 6651(a)(1) in the amount of $3,591. The estate agreed to assessment of the $14,363 estate tax deficiency but did not agree to assessment of the $3,591 addition to tax, whereupon respondent issued the notice of deficiency for the addition to tax. In the petition, the estate challenges the section 6651(a)(1) addition to tax of $3,591 and claims an overpayment for the previously paid $24,952.02 and $27,726.69 additions to tax under section 6651(a)(1) and (2). The issue for decision is whether the estate is liable for the additions to tax under section 6651(a)(1) and (2) for failure to file its Federal estate tax return timely and failure to pay the amount shown on the return, respectively. The Court's analysis of this issue includes the estate's claim to the refund for overpayment of the previously assessed and paid additions to tax under section 6651(a)(1) and (2). See Judge v. Commissioner, 88 T.C. 1175 (1987).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