- 10 -10 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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