A Fiduciary's Personal Liability for Unpaid Taxes of an Estate under Federal Priority Statute (31 U.S.C. Section 3713) and U.S. v. Marshall (PDF)
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Federal law provides that fiduciaries may be held personally liable for payment of a trust or estate's income tax and related penalties. The representative of a trust or estate paying any part of another debt before paying a Government claim may be liable to the extent of the payment for unpaid Government claims. This EIA reviews a fiduciary's personal liability under the Federal Priority Statute and the 5th Circuit decision in U.S. v. Marshall.
Diane L. Mutolo, J.D., LL.M. is a member of the New York Bar, and her LL.M. is in Taxation. She is the update author for the LexisNexis Matthew Bender treatise, How to Save Time & Taxes Preparing Fiduciary Income Tax Returns.
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