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on the bottom portion of the application and is accompanied by a
stamp which reads, "The maximum extension allowed for filing is 6
months". The approval, which also instructs Mehrafsar "to
request more time to pay when you file the [Form] 706 in March",
is dated November 15, 1988.
In March 1989, Hastings informed Mehrafsar that it was
concerned with Mehrafsar's reluctance to follow its advice.
Hastings was particularly concerned with Mehrafsar's refusal to
liquidate various real properties contained in the estate.
There was also disagreement as to appraisal values derived by a
court-appointed probate referee. This friction quickly
intensified and Hastings withdrew from representing Mehrafsar on
May 12, 1989.
Mehrafsar sought assistance from a second law firm in May
1989, after Hastings' withdrawal. With the assistance of this
second firm, Mehrafsar filed the Federal estate tax return for
decedent's estate on November 5, 1989. Respondent thereafter
determined that Mehrafsar undervalued decedent's estate and
issued a notice of deficiency.
OPINION
Section 6651(a)(1) imposes an addition to tax for failure to
file timely a tax return. The addition to tax imposed is equal
to 5 percent of the amount required to be shown as tax on a
return for each month, or fraction thereof, for which a return is
delinquent, not to exceed 25 percent in the aggregate. In the
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