- 19 - and cash, $38,058.49 in jointly owned property (real estate and publicly traded stocks), and $416,615.57 in miscellaneous property. Listed as an item of miscellaneous property was "Thomas Trust -- 50% Interest", which was valued at $202,167.60 on the date of decedent's death. Compared to the remaining assets included in decedent's estate, the interest in the Thomas Trust would not have had a significant effect on the total value of decedent's gross estate. In fact, the interest in the Thomas Trust consisted of only approximately 10 percent of the entire value of decedent's gross estate. Thus, a timely estate tax return including all assets except the 50-percent interest in the Thomas Trust would have been substantially correct. Regardless, therefore, of the dispute surrounding the assets held in the Thomas Trust, the executrix should have filed a timely Federal estate tax return with the best information available at the time, disclosing in the return that a dispute existed with respect to Thomas Trust assets and making an estimate of the value of those assets. At that time, the executrix could have paid the tax shown to be due on that return. Later, following the conclusion of the litigation, the executrix could have filed an amended return, including in decedent's estate the 50-percent interest in the Thomas Trust that was decreed by the common pleas court and paying any additional taxPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011