Estate of Edna Korby - Page 27

                                       - 27 -                                         
          also conceded that the estate is entitled to the marital                    
          deduction under section 2056 for the “property the [living] trust           
          owned upon Edna Korby’s death.”  The living trust held the house,           
          the vacant lot, the checking account, the general partnership               
          interest in Crane Properties, and the general partnership                   
          interest in KPLP at Edna’s death.  Therefore, the marital                   
          deduction applies with respect to this property.  The unified               
          credit for 1998 will then be applied against the tax imposed by             
          section 2001 on the taxable estate.10                                       
               We note that the estate argues that respondent’s position              
          with respect to the marital deduction issue should be treated as            
          a concession of the issue of whether the transfer to KPLP                   
          precludes the application of section 2036 to the transferred                
          assets.  Respondent argues that his statement was not a                     

               9(...continued)                                                        
          disagree.  Equitable estoppel precludes a party from denying its            
          own representations if they induced another to act to his                   
          detriment.  See Wilkins v. Commissioner, 120 T.C. 109, 112                  
          (2003).  At a minimum, a taxpayer must rely to his detriment on             
          the Commissioner’s actions in order to bind the Commissioner by             
          equitable estoppel.  See Boulez v. Commissioner, 76 T.C. 209, 215           
          (1981), affd. 810 F.2d 209 (D.C. Cir. 1987).  The estate did not            
          rely to its detriment on respondent’s counsel’s communication; on           
          the contrary, because respondent’s counsel’s statement was not              
          included in the stipulations of fact, the estate presented                  
          evidence at trial and argued its position that the marital                  
          deduction should apply to the KPLP assets.                                  
               10It is not necessary for us to address the effect of the              
          provision in the living trust splitting it into two new trusts at           
          the death of the first spouse to die because respondent conceded            
          that the marital deduction applies to the property held by the              
          living trust at Edna’s death.                                               





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011