- 13 - Moreover, the regulations provide that, even if the information available is not sufficient to permit preparation of a complete estate tax return as of an extended due date for filing such a return, a return that is as complete as possible must be filed by that due date. Sec. 20.6081-1(c), Estate Tax Regs; see also sec. 20.6018-2, Estate Tax Regs. Additionally, the regulations permit the filing of supplemental information. Sec. 20.6081-1(c), Estate Tax Regs. Our cases are to the same effect. See Estate of Cavenaugh v. Commissioner, supra at 426; Bank of the West v. Commissioner, 93 T.C. 462, 471 (1989); Estate of Vriniotis v. Commissioner, 79 T.C. 298, 311 (1982); Estate of Duttenhofer v. Commissioner, 49 T.C. 200, 206-207 (1967), affd. 410 F.2d 302 (6th cir. 1969). The uncertainty upon which petitioner relies would not have prevented the filing of a reasonably accurate return within the time allowed. Consequently, we reject petitioner's contention that the uncertainty surrounding the identification of decedent's assets constitutes reasonable cause for the failure to file petitioner's estate tax return timely. We next consider petitioner's contention that reasonable cause for failure to file timely is shown by Mr. Constantino's purported reliance on Mr. Belotz' advice or lack of advice. We note that reliance on erroneous advice may furnish reasonable cause for a failure to file timely in certain limited circumstances. United States v. Boyle, supra at 250; Estate ofPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011