Estate of Donny David Doster - Page 11




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          review of the Appeals’ denial.  Respondent offered to allow the             
          estate to pay the tax and addition to tax by diverting all of the           
          estate’s partnership income to respondent until the liability is            
          satisfied (i.e., approximately 2 years).  The estate refused this           
          offer, insisting that it had a right to make payments over 10               
          years (i.e., the same contention made in the estate’s request for           
          extension).                                                                 
               As respondent pointed out in numerous letters to petitioner,           
          the estate should pay respondent prior to distributing assets to            
          the beneficiaries.  Although the estate had a right to only half            
          of the annual payments, the estate’s share of the installments              
          could have paid off the estate’s Federal estate tax liability in            
          approximately 2 years.  In addition, in September 1999, Texas law           
          changed, allowing the sale or assignment of the payment stream,             
          almost a year before the Appeals officer issued the                         
          determination.  To the extent respondent considered installment             
          payments as a collection alternative, there was no abuse of                 
          discretion.                                                                 
               Contentions we have not addressed are moot, irrelevant, or             
          meritless.                                                                  











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