A federal judge has rejected a motion by Carmel lawyer
For 11 years the
U.S. District Judge
The estate included 29 parcels of property valued at nearly
The estate elected to pay interest only for five years and then 10 annual installments. The deal required the estate to either post a bond as collateral or consent to a special lien.
Interest-only payments were made from 2008 to 2012 and then stopped. The estate was in default, the government contended, for failure to make the annual payments or to secure the debt with a bond or lien.
The estate also had paid more than
The government argues that
She argues that the government cannot hold her personally liable for estate taxes because the estate is not insolvent.
“The government has failed to make any objective factual allegations concerning the solvency of the estate,” she states in her motion to dismiss, “because the estate is, and always has been, solvent.”
Briccetti cited Marin's statements to the
An executor may be liable for the tax when the estate pays other debts, Briccetti said, and the government has a priority claim.
As executor, he noted, she owed a fiduciary duty of undivided loyalty and impartiality to the estate and its creditors.
The government sufficiently alleged that
The tax liability now totals