Estate of Margaret Landers, Deceased, Dale Seltzer, Co-Administrator - Page 14

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          suffered undue hardship if the tax had been paid by the due date.           
          See sec. 301.6651-1(c), Proced. & Admin. Regs.                              
               Petitioner makes no claim that the estate would have                   
          suffered undue hardship if the estate had paid the tax by the due           
          date, and we do not find independently on the basis of the record           
          at hand that such would have been the case.  The thrust of                  
          petitioner’s argument is that Gershon’s hip injury prevented him            
          from preparing the estate tax return in time to pay the estate              
          tax timely and that Seltzer could not otherwise pay that tax                
          because he needed the return to know how much tax to pay.  We are           
          unpersuaded.  For the reasons stated above in our discussion of             
          the addition to tax for late filing, we conclude that the                   
          coadministrators did not exercise ordinary business care and                
          prudence in attempting to pay the tax timely.  We add that we               
          believe that an ordinary and reasonable person in Seltzer’s                 
          position would have consulted another individual as to the estate           
          tax return had he or she known that the return was on extension             
          and believed that the current preparer was suffering from a                 
          disability.                                                                 














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