Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 13

                                       - 13 -                                         
          Contentious litigation between the siblings over decedent’s                 
          estate ensued and remained unresolved as of at least mid-2006.              
          Tax Court Proceedings                                                       
               A timely petition disputing the notice of deficiency was               
          filed with this Court on April 14, 2004.  Both in the petition              
          and in subsequent stipulations the estate has conceded:  (1) That           
          an additional $975 of interest income was received by decedent in           
          2000 but not reported on her original return, and (2) that the              
          sales of eConnect shares during 2000 did not qualify for long-              
          term capital gain treatment.  Following a 2-day trial in November           
          of 2005, the parties filed posttrial briefs.  Respondent on                 
          opening brief conceded the accuracy-related penalty under section           
          6662(a) asserted in the notice of deficiency.  Accordingly, none            
          of the specific adjustments made in the notice of deficiency                
          remain in dispute.  The estate, however, continues to propound              
          the argument first raised during the audit that the estate is               
          entitled to report only one-half of the capital gain generated by           
          the eConnect sales and, correspondingly, to receive a refund in             
          the approximate amount of $21,000.2                                         
               Simultaneously with the filing of its reply brief on                   
          June 8, 2006, the estate filed a motion to reopen the record for            


               2 The Court notes that to the extent that the petition seeks           
          reasonable administrative and/or litigation costs pursuant to               
          sec. 7430, any such claim is premature and will not be further              
          addressed.  See Rule 231.                                                   





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011