160 A.2d 499 | Conn. Super. Ct. | 1960
This is an appeal from a decree of the Probate Court for the district of New Haven denying the application of the executors of the estate of Edward S. Russell for the recomputation of succession tax in said estate. The parties stipulated to these facts: On July 12, 1954, the succession tax return in the estate was filed and on or before March 19, 1957, a succession tax of $17,711.59 was *79 paid pursuant to the defendant's offer of compromise by letter dated February 28, 1957, computation of defendant dated March 12, 1957, and a decree of the Probate Court dated March 15, 1957. There were omitted from the succession tax return two claims, one for a promissory note in the amount of $57,500 and the other for taxes due the city of New Haven in the amount of $225. The note was omitted because the executors believed that because it was secured by an assignment of insurance policies on the decedent's life it was not a proper deduction. The claim for taxes was omitted because the bill had gone astray.
Subsequent to the payment of the succession tax, the internal revenue service filed a claim with the executors claiming a tax deficiency of $185,545.99. The executors contested this claim in the Tax Court of the United States, and the contest resulted in a decision holding that there was no deficiency. As a result of the tax deficiency claim and the proceedings in the Tax Court, the executors incurred additional administration expenses in the amount of $19,531.50. In May, 1959, the executors filed in the Probate Court an amended succession tax return which listed the two claims and additional expenses incurred in the tax deficiency case. They requested the defendant to make a recomputation of the tax based on the amended return and he refused to do so.
On June 22, 1959, the plaintiffs filed in the Probate Court an application for the recomputation of the tax on the basis of the amended return as filed and pursuant to a compromise between the highest possible tax and the lowest possible tax or in the alternative the approval of the recomputation and compromise tax as claimed by the plaintiffs. On August 26, 1959, the Probate Court entered an order denying and dismissing the application. The issue *80 in this case is whether this court can direct the Probate Court to grant a supplemental succession tax proceeding to the executors after the Probate Court's decree fixing the amount of the tax and after the time for appeal has expired.
The facts reveal that the parties agreed to compromise the tax. The tax was computed and a waiver of hearing was signed by the parties. Pursuant to the waiver of a hearing on computation of the tax, the court made a finding and issued a decree stating the succession tax to be as computed. No appeal was taken from this decree. The authority of the Probate Court to enter the decree is derived from §§
The executors in their brief are correct in conceding that unless they can obtain equitable relief they are bound by the provisions of §
The provision of §
The executors also urge that because supplemental proceedings may be had in the case of after-discovered property, equity should order a supplemental proceeding for after-discovered expenses. This argument carries little weight because the proceeding for after-discovered property is clearly provided for in a statutory enactment. General Statutes §
The relief sought by the executors cannot be granted. The appeal is denied.