- 17 - return by giving only tentative values pending the outcome of the litigation. In such situations, reasonable estimates are permitted and are preferable to the failure to file the estate tax return within the prescribed time. Id. For decedents dying in the year 1986, the threshold requirement for filing a Federal estate tax return was a gross estate exceeding $500,000. Sec. 6018(a)(1), (3).6 On January 6, 1987, approximately 6 weeks after the due date of the estate tax return, the executrix filed an inventory with the probate court that listed an aggregate value of assets in decedent's estate of $600,147.33. It is notable that the $600,147.33 value in this inventory did not include the values of other listed assets: (1) 150 shares of H.R.M., Inc., (2) 182 shares of Thomas, Inc., (3) 52 shares of Uncle Henry's, Inc., and (4) an interest in the Thomas Trust. Rather, the values of these assets were listed as "unknown". It is clear to this Court that, at some time prior to the due date for filing the estate tax return, the executrix knew or should have known that the value of decedent's gross estate 6 The estate makes assertions on brief that the value of decedent's estate after taking into account marital deductions would have fallen below the filing threshold. This argument ignores the fact that the estate tax return filing requirement is based on a gross estate figure rather than a taxable estate. The marital deduction is taken into account only with respect to the taxable estate. Secs. 2031, 2051, 2056.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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