- 26 - is it provided that anyone other than the joint return filer can elect to limit the joint return filer’s liability. Therefore, we assume that David was acting in a representative capacity (for Barbara) in attempting to elect the application of section 6015(c). See sec. 6903(a); Natl. Taxpayers Union, Inc. v. United States, 68 F.3d 1428, 1436 (D.C. Cir. 1995) (“A person, such as an executor, acting in a representative capacity, assumes ‘the powers, rights, duties, and privileges’ of the principal under the Internal Revenue Code.”); Estate of Jayne v. Commissioner, 61 T.C. 744, 750 (1974) (in carrying forward the wishes of a deceased taxpayer, an executor “acts in a representative capacity” (citing Miller Music Corp. v. Daniels, Inc., 362 U.S. 373 (1960)); Fox Film Corp. v. Knowles, 261 U.S. 326 (1923)). In a representative capacity, an executor “merely stands in the shoes of the deceased.” Estate of Jayne v. Commissioner, supra. In Estate of Jayne, the question was whether the acquisition of property by a surviving spouse replaced property sold under threat of condemnation by the deceased spouse so as to defer the recognition of gain on such sale pursuant to section 1033. We stated that the right to use the nonrecognition provisions of section 1033 does not terminate per se on the death of a taxpayer. Estate of Jayne v. Commissioner, supra at 750. We added: “A person found to be acting on behalf of the deceasedPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011