- 3 - On July 30, 1997, Mr. Doster died. On that date, Mr. Doster’s interest in the partnership, which passed to his estate, consisted primarily of the right to receive half of each of the 19 remaining Lotto installments. Texas law prohibited the sale or assignment of such installments. I. Request for Extension of Time To Pay Estate Taxes On April 29, 1998, the estate filed Form 706, United States Estate Tax Return, reporting estate tax liability of $1,730,845. The Form 706 stated that the gross estate’s value was $5,110,517, which included Mr. Doster’s share of the partnership, valued at $4,428,616. The Form 706 also stated that the estate was entitled to deductions for funeral expenses, debts of decedent, and interests passing to the surviving spouse of $55,019, $4,507, and $243,850, respectively. Accompanying the return was a payment of $346,169 and Form 4768, Application for Extension of Time to File a Return and/or Pay U.S. Estate Taxes (extension request), in which the estate sought permission to pay the $1,419,430 balance over 10 years. The estate contended it had reasonable cause for an extension because it could not “borrow * * * except at a rate of interest higher than that generally available”, or sell its interest in the Lotto installments. The estate further contended that liquidation of the partnership interest would not yield aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011