Estate of Joseph G. Maltaman, Deceased, Paul J. Constantino, Special Administrator - Page 20

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          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...)           




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