David Bruce McMahan - Page 10

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            the taxpayer's agent may sign.  See sec. 1.6081-1(b)(1), Income                           
            Tax Regs.                                                                                 
                  Petitioner reasons that underlying the holding in United                            
            States v. Boyle, supra, is a policy to impose the addition to tax                         
            only where the taxpayer is actively involved in the process of                            
            filing.  Because the regulations sanction delegation of the act                           
            of signing the extension request, petitioner concludes that they                          
            must also sanction delegation of the duty to file it.8                                    
                  Petitioner's argument is not persuasive.  An agent's failure                        
            to file an extension request is tantamount to an agent's failure                          
            to file a return.  See Fleming v. United States, supra at 1127;                           
            cf. est, An Educational Corp. v. Commissioner, T.C. Memo. 1986-                           
            527.9  It would be anomalous to excuse a late return where the                            
            taxpayer asked his agent to file an extension request but not                             
            excuse a late return where the taxpayer asked his agent to file a                         
            return.  See Twin City Constr. Co. v. United States, 515 F. Supp.                         
            767, 770 (D.N.D. 1981).  Thus, we reject petitioner's argument.                           
                  Petitioner also argues that reasonable cause should be found                        


            8This argument was considered and rejected in Twin City                                   
            Constr. Co. v. United States, 515 F. Supp. 767, 770 (D.N.D.                               
            1981).  See also Fleming v. United States, 648 F.2d 1122 (7th                             
            Cir. 1981).                                                                               
            9We note that United States v. Boyle, 469 U.S. 241 (1985),                                
            has been applied where taxpayers have relied on agents to file                            
            extensions.  See Bergersen v. Commissioner, T.C. Memo. 1995-424;                          
            Scimeca v. United States, 735 F. Supp. 300 (N.D. Ill. 1990);                              
            Estate of Cox v. United States, 637 F. Supp. 1112 (S.D. Fla.                              
            1986).                                                                                    




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