Estate of Houshang Mehrafsar, Deceased, Bank of America, NT & SA, Special Administrator - Page 4

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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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