Estate of Helen G. Williamson - Page 9

                                          9                                           
          return for audit may be a reasonably informed one.  Estate of               
          Frane v. Commissioner, 98 T.C. 341, 355 (1992), affd. in part and           
          revd. in part 998 F.2d 567 (8th Cir. 1993).                                 
               In this case, the application for extension of time to file            
          the estate tax return included a written statement as to the                
          reasons for requesting the delay:  that because of a dispute                
          between decedent's estate and her surviving husband, the estate             
          was unable to list and value the items of the estate that should            
          be returned.  When the Federal estate tax return of decedent was            
          filed on September 30, 1988, those facts were still unknown, but            
          that extension of time form, with its explanatory statement, was            
          attached to the return.  We think this extension of time (with              
          explanation), which was adhered to by petitioner, was a                     
          "statement attached to the return" and thus falls within the                
          language of section 6501(e)(2).  It gave adequate notification to           
          respondent of petitioner's failure to itemize and value specific            
          items of decedent's gross estate that concededly should be                  
          returned for estate tax purposes, and the reasons therefor.  The            
          estate tax return itself said nothing to the contrary.  In fact,            
          as the stipulated facts show, petitioner did not find out the               
          items of the gross estate, and their value, which properly formed           
          part of decedent's gross estate, until September 19, 1991.                  
               Under these circumstances, we agree with petitioner that the           
          general 3-year statute of limitations applies in this case rather           
          than the 6-year statute of limitations provided by section                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011