- 20 - due as a result thereof.9 Moreover, the executrix could have filed an application for a 6-month extension of the due date of the estate tax return (as well as an extension to pay the tax), allowing her additional time to compile information regarding the assets of decedent's estate. Rather than following any such reasonable and prudent course of action, the executrix made no apparent attempt to comply with the estate tax return filing and estate tax payment requirements of the Internal Revenue Code. Instead, the executrix chose to disregard these requirements until some 10 years after the due date of the return, thus failing to discharge her nondelegable duty. See Estate of Geraci v. Commissioner, T.C. Memo. 1973-94, affd. 502 F.2d 1148 (6th Cir. 1974). Moreover, the executrix did not appear at the trial of this case; therefore, the record is devoid of her testimony regarding her knowledge or actions surrounding the estate in the more than 10 years that followed decedent's death. "The rule is well established that the failure of a party to introduce evidence within his possession, and which if true, would be favorable to him, gives rise to the presumption that if produced it would be unfavorable." Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); see also Estate of Fox v. 9 If this procedure had been followed, it is obvious that the bulk of the estate tax owed would have been paid on or before the due date of the return.Page: 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