- 2 - the part of the attorney who represented the estate and executed the decisions as the estate’s legal representative. In particular, the estate, which is represented by new counsel, contends that its former counsel had a conflict of interest because he was employed by respondent concerning a different case at the same time he was representing the estate and executed the agreed decision documents. Respondent contends that the circumstances we consider do not warrant the vacating of the decisions. FINDINGS OF FACT2 Lucille Abbott Sexton (decedent) died on June 21, 1994. A Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, was timely filed. The estate did not report any taxable gifts or any debt owed to decedent by decedent’s daughter (Ann Peterson), son-in-law (Bruce Peterson), or their partnership (Peterson Properties). Further, it was contended by the estate that decedent had a 20-percent interest in the partnership and that she owed the partnership $200,000, as evidenced by an unsecured note. The $200,000 note was claimed as a debt of decedent on the estate tax return. During February 1996, respondent notified the estate that it was to be examined and the estate retained, as its 2 The parties’ stipulation of facts is incorporated by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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