Bobby C. Moore v. Succession of Patricia Gay Bruce Moore

CourtLouisiana Court of Appeal
DecidedApril 10, 2013
DocketCA-0012-0959
StatusUnknown

This text of Bobby C. Moore v. Succession of Patricia Gay Bruce Moore (Bobby C. Moore v. Succession of Patricia Gay Bruce Moore) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobby C. Moore v. Succession of Patricia Gay Bruce Moore, (La. Ct. App. 2013).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

12-959

BOBBY C. MOORE

VERSUS

SUCCESSION OF PATRICIA GAY BRUCE MOORE, ET AL.

********** APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF JEFFERSON DAVIS, NO. C-73-11 HONORABLE C. STEVE GUNNELL, DISTRICT JUDGE

********** ULYSSES GENE THIBODEAUX CHIEF JUDGE **********

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, Marc T. Amy, Billy H. Ezell, and John E. Conery, Judges.

Amy, J., concurs in part, dissents in part, and assigns reasons.

Conery, J., concurs in part and dissents in part for the reasons expressed by Judge Amy.

AFFIRMED AND AMENDED, AS REFORMED AND REVISED.

Kenneth O. Privat Privat & Privat P. O. Box 449 Crowley, LA 70527-0449 Telephone: (337) 783-7142 COUNSEL FOR: Defendants/Appellants - Succession of Patricia Gay Bruce Moore, Robin Ray Huff, and Cory Huff

Burleigh G. Doga Burleigh G. Doga, Ltd. P. O. Drawer 265 Crowley, LA 70527-0265 Telephone: (337) 783-8843 COUNSEL FOR: Plaintiff/Appellee - Bobby C. Moore THIBODEAUX, Chief Judge.

The defendants, Robin Ray Huff and her brother, Cory Huff, and the

Succession of Patricia Gay Bruce Moore (“Succession” or “Estate”) appeal the

judgment ordering the Succession to pay part of a tax lien and to reimburse the

plaintiff, Bobby C. Moore, for federal and state taxes that he paid, or that were

charged to him, on the separate income of the decedent, Patricia Gay Bruce Moore

(Gay). The defendants also appeal the judgment denying their motion for a new

trial. We affirm the judgment denying a new trial. As to the original judgment

against the Succession, we affirm as to liability, and we revise and reform the

judgment as to the parties cast in judgment.

I.

ISSUES

We must decide:

(1) whether the trial court manifestly erred in ordering reimbursement to the surviving spouse for his payment of federal and state income taxes on the decedent’s separate income;

(2) whether the trial court manifestly erred in ordering the defendants to pay part of the remaining balance of an IRS tax lien levied against the surviving spouse; and

(3) whether the trial court erred in finding La.R.S. 13:3721 inapplicable in this case, thereby denying the defendants’ motion for a new trial. II.

FACTS AND PROCEDURAL HISTORY

On October 5, 1983, Bobby and Gay Moore signed a document

entitled “Marriage Contract.” The document stated that the couple intended to

marry on October 8, that the “intended husband and wife shall be separate in

property,” and that they “formally renounce[d] those provisions of the . . . Civil

Code which establishe[d] a community of acquets and gains between husband and

wife.” Bobby was Gay’s third husband, and Gay had retirement income, royalty

and farm income, and immovable and inherited assets of her own when the couple

was married. Bobby had no property other than his income.

Gay became ill with cancer and died intestate in July of 2007.

Subsequently, her daughter from a previous marriage, Robin, filed a petition and

was appointed administratrix of the Succession.

In August of 2007, before her appointment as administratrix, Robin

signed jointly along with Bobby, a power of attorney authorizing CPA Julie Berry

to represent them and file tax returns for 2005, 2006, and 2007. Robin signed the

document, “Gay. B. Huff by Robin Huff” with the title, “executor.”

Julie Berry had been Bobby and Gay’s CPA from the time of their

marriage in 1983, and had prepared the couple’s tax returns from 1983 until Gay’s

death in 2007. She was accepted at trial by the defendants as a licensed CPA in the

State of Louisiana, and she was the only expert to testify at trial.

Ms. Berry testified that she filed joint returns for the couple, which

reduced their tax liability every year, but that Gay had separate property, and she

managed her own income. The couple had a pattern of obtaining an extension each

2 year, delivering their paperwork to the CPA, and obtaining an installment loan to

pay the taxes due on the return.

Ms. Berry was asked to calculate the taxes for the three years at issue

and to provide a breakdown of the amounts due by Bobby on his income, and the

amounts due by the Estate on Gay’s income. Ms. Berry delivered faxes to Robin’s

attorney in August of 2008 requesting checks from the Estate totaling $69,563.58

for the decedent’s share of the federal and state taxes on her separate income.

Those checks were never delivered. In the meantime, Bobby had begun paying the

taxes to the IRS in 2007. Ms. Berry’s breakdowns showed that Bobby had paid

$10,000.00 in 2007, over $15,000.00 in 2008, and over $11,000.00 in 2010 and

2011 on the federal taxes; that he had paid all of the state taxes for all three years,

and had paid all CPA filing costs as well.

Robin hired a new CPA in 2009, who reported that the Estate only

owed $54,968.00. Bobby, through his attorney, agreed to accept that amount, plus

the Estate’s share of the interest in order to avoid more penalties and interest. This

payment did not occur.

The IRS transcripts indicate, and the court noted this fact, that the

evidence showed that the Succession had paid a total of only $42,280.00 on the

taxes for all three years, though it showed a tax lien of $49,500.00 on its final

descriptive list when the Succession was closed in November of 2009. The

defendants did not file any exhibits in this case.

In 2010, the IRS placed a $350.00 per month lien on Bobby’s social

security/retirement income. In April of 2010, Bobby filed formal proof of claim

forms in the Succession, which included IRS statements showing $93,751.14 in

federal taxes, interest, and penalties due from the parties for all three tax years.

3 In February of 2011, Bobby filed suit against Robin and Cory Huff

and the Succession. At trial, Ms. Berry testified that Bobby had overpaid his

portion of the taxes and that the balance on the lien against him was $20,000.00.

In July 2011, Robin and Cory Huff, filed a reconventional demand as

plaintiffs, asserting that the Succession had paid the federal taxes due on Gay’s

separate income for all three years and that any remainder owed to the IRS in

taxes, fees, or penalties, was Bobby’s responsibility. The reconventional demand

asserted that Bobby was liable to Robin and Cory Huff for all taxes paid by them

or the Succession and asked the court to recognize that Robin and Cory Huff and

the Succession had fulfilled their obligation in paying the federal income taxes.

The trial court did not agree and rendered judgment in favor of Bobby Moore.

While the trial court’s judgment did not address the defendants’ reconventional

demand, it is well settled that when a trial court’s judgment is silent with respect to

a party’s claim or an issue placed before the court, it is presumed that the trial court

denied the relief sought. Dixie Roofing Co. of Pineville, Inc. v. Allen Parish

School Bd., 95-1526 (La.App. 3 Cir. 5/8/96), 690 So.2d 49.

Ultimately, the trial court ordered the Succession to reimburse Bobby

$18,454.83 for his overpayments to the IRS and to the Louisiana Department of

Revenue, and it ordered the Succession to pay $9,312.79 on the $20,000.00

balance on the tax lien. The court also ordered the Succession to reimburse and

pay some of the CPA costs. All three defendants, the Succession, Robin Huff, and

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