Estate of Michael J. Thomas - Page 19




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          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 tax             







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Last modified: May 25, 2011