- 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