- 6 - undoubtedly erroneous, Mehrafsar's reliance on such advice satisfies the reasonable cause exception under section 6651(a)(1). We disagree. Although reasonable reliance on the erroneous advice of an attorney with respect to the due date of a return can constitute reasonable cause within the meaning of section 6651(a)(1), Estate of La Meres v. Commissioner, 98 T.C. 294 (1992), petitioner has not persuaded us that Mehrafsar's reliance on Hastings' advice provided reasonable cause to excuse the late filing. We agree that Hastings provided erroneous advice to Mehrafsar. This is clear from the Form 4768 Hastings prepared for Mehrafsar's signature. In direct conflict with section 6081(a), which generally limits an extension to 6 months, the Form 4768 prepared by Hastings requested a 12-month extension.2 It is reasonable to assume that Hastings discussed the content of the Form 4768 with Mehrafsar at the time he signed the form. As a result, it is equally reasonable to assume that Mehrafsar, at the time he signed the Form 4768, believed that a 12-month extension was possible. But the record indicates that Mehrafsar discovered sometime after completing the Form 4768 on September 2In fact, the record suggests that Hastings honestly believed that a 12-month extension was possible. We reach this conclusion because Hastings corresponded with Mehrafsar on March 24, 1989, 2 days before the return was due, regarding tentative real property appraisal values obtained by a probate referee and mentioned nothing about the due date being 2 days later. If Hastings had been aware of sec. 6081(a), we are convinced the above-referenced correspondence would have indicated as much.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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