Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 2

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               WHERRY, Judge:  Respondent determined a Federal income tax             
          deficiency in the amount of $567,864 and a penalty pursuant to              
          section 6662 of $113,572.80 with respect to the 2000 taxable year           
          of Frances Elaine Freedman (decedent).1  After concessions, to be           
          explained in greater detail below, the principal issue for                  
          decision is what portion of gain from certain stock sales is                
          taxable to decedent in 2000.                                                
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulations of the parties, with accompanying exhibits, are            
          incorporated herein by this reference.  Decedent was a resident             
          of the State of Florida when she died testate in Sint Maarten               
          (also referred to as St. Martin), Netherlands Antilles, on                  
          June 17, 2003.  Her estate was admitted to probate in the Circuit           
          Court for Hernando County, Florida, and her daughter, Robin                 
          Elaine Carnette (Ms. Carnette), was appointed personal                      
          representative.  The instant tax case was subsequently filed on             
          behalf of the Estate of Frances Elaine Freedman (the estate), at            
          which time Ms. Carnette resided in Brunswick, Georgia.                      


               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code of 1986, as amended and in effect for the             
          year in issue, and Rule references are to the Tax Court Rules of            
          Practice and Procedure.                                                     





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