- 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
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