Estate of Joseph G. Maltaman, Deceased, Paul J. Constantino, Special Administrator - Page 18

                                       - 18 -                                         
          (10th Cir. 1995); Denenberg v. United States, 920 F.2d 301, 307             
          (5th Cir. 1991); Estate of Newton v. Commissioner, T.C. Memo.               
          1990-208; cf. Coleman v. Commissioner, T.C. Memo. 1990-511.                 
               Petitioner claims that Mr. Belotz failed to advise Mr.                 
          Constantino that an addition to tax could be imposed for failure            
          to file timely.5  We, however, are not persuaded that Mr.                   
          Constantino, an attorney who presumably encountered deadlines in            
          the course of his practice and had to file tax returns in                   
          connection with his personal affairs, had no inkling that some              
          sanction could be imposed for failure to comply with a filing               
          deadline.6  Mr. Belotz testified that he believed that anyone who           
          had dealt with the Service would know that an addition to tax               
          could be imposed for failure to "do things correctly and on                 
          time".  Nonetheless, Mr. Constantino was aware that filing an               
          estate tax return was required and of the date by which that                
          return had to be filed.  Even if no addition to tax were provided           
          for failure to file timely, Mr. Constantino was required to file            
          the return by its due date.  That he may not have been fully                




          5    Petitioner admits that Mr. Constantino never asked Mr.                 
          Belotz about the addition to tax for failure to file timely after           
          the second extension request was denied.                                    
          6    Even if Mr. Constantino were not aware that an addition to             
          tax could be imposed for failing to file timely, ignorance of the           
          law would not excuse such a failure.  Mayflower Inv. Co. v.                 
          Commissioner, 24 T.C. 729, 733 (1955), affd. 239 F.2d 624 (5th              
          Cir. 1956).                                                                 




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011