Estate of Michael J. Thomas - Page 20




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          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.                                                 





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