Estate of Gertrude Zlotowski, Deceased, Gunther Grewe, Ancillary Administrator, C.T.A. - Page 5




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          that they were a little late in the filing, and that they took              
          care of it, and that they would file it a little later.”                    
               Mr. Ledley also testified at the trial of the case.  In                
          part, he testified as follows:  It was his duty to prepare the              
          estate tax return for Messrs. Roisen and Helman.  He began that             
          preparation after being retained in 2000.  In late September or             
          early October of 2000, he advised Messrs. Roisen and Helman to              
          suspend their administration of the estate.  He did so because he           
          had received correspondence from Europe that, if Messrs. Roisen             
          and Helman meddled in the estate, it would be at their own risk.            
          He advised them to not then file an estate tax return.  He,                 
          himself, suspended preparation of the estate tax return.  He                
          returned to preparation of the estate tax return either in late             
          January or early February of 2001, since it was taking a long               
          time for the heirs under the German will to take over the New               
          York proceeding.                                                            
                                     Discussion                                       
          I.  Statutory Scheme                                                        
               Section 2001(a) imposes an estate tax, and section 6018                
          imposes on the executor the obligation to make the necessary                
          return of tax.  The term “executor” is defined in section 2203,             
          and the parties agree that (1) Messrs. Roisen and Helman were               
          executors within the meaning of those sections, and (2) they, and           








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