- 14 - La Meres v. Commissioner, 98 T.C. 294, 314-320 (1992). Generally, the taxpayer must show that all relevant information was supplied to a competent tax adviser and that good faith reliance on the adviser's incorrect advice resulted in the failure to file timely. Zabolotny v. Commissioner, 97 T.C. 385, 401 (1991), affd. in part and revd. in part on other grounds 7 F.3d 774 (8th Cir. 1993). Petitioner first contends that the failure to file timely was attributable to Mr. Belotz' erroneous advice to the effect that it was possible to obtain a second extension of the due date of the estate tax return. We have held that reasonable reliance on erroneous advice as to the date on which a return must be filed constitutes reasonable cause for a failure to file timely.3 Estate of La Meres v. Commissioner, supra at 320. In Estate of La Meres, we held that reasonable reliance on erroneous advice that a second extension of the due date for filing an estate tax return could be obtained beyond a 6-month extension that had already been granted constituted reasonable cause for a failure to file timely. Id. at 321-324. Although the facts in Estate of La Meres bear some similarities to those of the instant case, they are 3 Although the Supreme Court noted in United States v. Boyle, 469 U.S. 241, 251 n.9 (1985), that there is disagreement among the lower Federal courts as to whether reliance on erroneous advice concerning the due date of a return constitutes reasonable cause for a failure to file timely, that Court expressly declined to address the issue.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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