Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 8




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          1991 and 1992 gift tax liabilities.  The trust sought refunds of            
          the $118,801 and $304,910 gift tax deficiencies assessed for 1991           
          and 1992, respectively.  The estate sought refunds of these same            
          gift tax deficiencies plus the taxes originally paid with                   
          decedent’s 1991 and 1992 gift tax returns.  The premise of each             
          refund claim was that the donee children’s alleged obligations to           
          pay additional gift and estate taxes as a condition of the gifts            
          they received from decedent reduced the gifts’ value and the                
          resulting gift taxes accordingly.  Respondent disallowed the                
          refund claims.                                                              
               The estate and the trust (collectively, the plaintiffs)                
          filed a complaint in the U.S. District Court for the Western                
          District of Virginia seeking a refund of the entire amount of               
          gift taxes paid in 1991 and 1992.  The District Court granted the           
          Government’s motion for summary judgment, concluding that the               
          donee children’s asserted obligations to pay additional gift and            
          estate taxes were “speculative” and did not reduce the value of             
          the gifts; moreover, noting that the donee children never in fact           
          paid the additional gift tax as called for in the transferee                
          agreement despite the occurrence of the liability-triggering                
          contingency, the District Court concluded that the donee                    
          children’s asserted gift tax liabilities were “illusory.”                   
          Armstrong ex rel. Armstrong v. United States, 132 F. Supp. 2d               
          421, 429 (W.D. Va. 2001), affd. sub nom. Estate of Armstrong v.             






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