I am looking at a decision coming from a New Jersey District Court, and it has to do with personal liability for estate taxes.
Clearly this is an unwanted result. How did it happen?
To set up the story, we are looking at two estates.
The first estate was the Estate of Lorraine Kelly. She
died on December 30, 2003. The executors, one of whom was her brother, filed
an estate tax return in September, 2004. The estate was worth over $1.7 and
owed $214 grand in tax. Her brother was the sole beneficiary.
OK.
The estate got audited. The estate was adjusted to
$2.6 million and the tax increased to $662 grand.
COMMENT: It does not necessarily mean anything that an estate was adjusted. Sometimes there are things in an estate that are flat-out hard to value or – more likely – can have a range of values. I will give you an example: what is the likeness of Prince (the musician) worth? Reasonable people can disagree on that number all day long.
The estate owed the IRS an additional $448 grand.
The brother negotiated a payment plan. He made
payments to the IRS, but he also transferred estate assets to himself and his
daughter, using the money to capitalize a business and acquire properties. He continued
doing so until no estate assets were left. The estate however still owed the
IRS.
OK, this is not fatal. He had to keep making those
payments, though. He might want to google “transferee tax liability” before getting
too froggy with the IRS.
He instructed his daughter to continue those payments
in case something happened to him. There must have been some forewarning, as he
in fact passed away.
His estate was worth over a million dollars. It went
to his daughter.
The daughter he talked to about continuing the payments
to the IRS.
Guess what she did.
Yep, she stopped making payments to the IRS.
She had run out of money. Where did the money go?
Who knows.
COMMENT: Folks, often tax law is not some abstruse, near-impenetrable fog of tax spew and doctrine descending from Mount Olympus. Sometimes it is about stupid stuff – or stupid behavior.
Now there was some technical stuff in this case, as
years had passed and the IRS only has so much time to collect. That said, there
are taxpayer actions that add to the time the IRS has to collect. That time is
referred to as the statute of limitations, and there are two limitations
periods, not one:
· The
IRS generally has three years to look at and adjust a tax return.
· An
adjustment is referred to as an assessment, and the IRS then has 10 years from
the date of assessment to collect.
You can see that the collection period can get to 13
years in fairly routine situations.
What is an example of taxpayer behavior that can add
time to the period?
Let’s say that you receive a tax due notice for an
amount sufficient to pay-off the SEC states’ share of the national debt. You
request a Collections hearing. The time required for that hearing will extend
the time the IRS has to collect. It is fair, as the IRS is not supposed to
hound you while you wait for that hearing.
Back to our story.
Mrs. Kelley died and bequeathed to her brother.
Her brother later died and bequeathed to his daughter
Does that tax liability follow all the way to the daughter?
There is a case out there called U.S. v Tyler,
and it has to do with fiduciary liability. A fiduciary is a party acting on
behalf of another, putting that other person’s interests ahead of their own
interests. An executor is a party acting on behalf of a deceased. An executor’s
liability therefore is a fiduciary liability. Tyler says that liability
will follow the fiduciary like a bad case of athlete’s foot if:
(1) The fiduciary distributed assets of the estate;
(2) The distribution resulted in an insolvent
estate; and
(3) The distribution took place AFTER the
fiduciary had actual or constructive knowledge of the unpaid taxes.
There is no question that the brother met the Tyler
standard, as he was a co-executor for his sister’s estate and negotiated the
payment plan with the IRS.
What about his daughter, though?
More specifically, that third test.
Did the daughter know – and can it be proven that she
knew?
Here’s how: she filed an inheritance tax return
showing the IRS debt as a liability against her father’s estate.
She knew.
She owed.
Our case this time was U.S. v Estate of Kelley,
126 AFTR 2d 2020-6605, 10/22/2020.
