- 20 - contention less than persuasive to establish reasonable cause for Mr. Constantino's failure to discharge that duty. Similarly, petitioner's suggestion that the late filing was attributable to Mr. Belotz' concern that a return must be complete is without merit. An agent's unwillingness to file a return timely does not furnish reasonable cause for that failure. Estate of Archer v. Commissioner, T.C. Memo. 1984-57; see Denenberg v. United States, supra at 306-307. Moreover, the record indicates that, in large measure, Mr. Constantino left matters concerning petitioner's estate tax return to Mr. Belotz. The duty to file a return is nondelegable, and, if that responsibility is shifted to an agent, the taxpayer must accept the consequences of shortcomings in the performance of that duty by the agent. United States v. Boyle, 469 U.S. at 249-250; Conklin Bros., Inc. v. United States, 986 F.2d 315, 317-318 (9th Cir. 1993); Ferrando v. United States, 245 F.2d 582, 589 (9th Cir. 1957). Mr. Belotz indicated in his testimony that he did not believe that the addition to tax for failure to file timely would be imposed on the estate because the amount of its payment of estimated estate tax was larger than the estate tax liability that was ultimately reported in its return.7 Mr. Belotz' belief, 7 If the amount of petitioner's estate tax had not exceeded the payment that had been made when the initial extension of the due date was requested, no additional liability on account of the failure to file timely would have arisen because sec. 6651(b)(1) provides that, for purposes of calculating the addition, the (continued...)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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