Estate of Joseph G. Maltaman, Deceased, Paul J. Constantino, Special Administrator - Page 14

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          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.                                                       




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