Procedurally Taxing: Another Twist on Death and Taxes (August 17, 2021)

Keith Fogg, Clinical Professor of Law at Harvard Law School, posted “Another Twist on Death and Taxes” which discusses Catlett v. Commissioner. The article begins as follows:

In Catlett v. Commissioner, T.C. Memo 2021-102 the Tax Court dismisses a case for lack of prosecution over seven years after the petitioner filed the case.  He participated actively in the case – at least he was active in seeking continuances and some discovery – until he died.  When he died, the Court and the IRS tried to find a family member to take over the case.  When no one would take over the case, the Court dismissed it for failure to properly prosecute.  I think it comes out as an opinion rather than an order because of the Court’s discussion of the burden on the IRS regarding the penalties it sought to impose.

Click here to see the full article: Another Twist on Death and Taxes

 Posted by Josh Saret, Associate Editor, Wealth Strategies Journal.

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