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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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