Estate of Joseph G. Maltaman, Deceased, Paul J. Constantino, Special Administrator - Page 21

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          however, has proven to be in error, as petitioner concedes that             
          an additional amount of estate tax is due.  Even if that belief             
          prompted Mr. Belotz to delay preparation of the estate tax return           
          until the compilation of necessary information was complete,                
          petitioner must bear the consequences of that mistaken belief.              
          Jackson v. Commissioner, 86 T.C. 492, 538-539 (1986), affd. 864             
          F.2d 1521 (10th Cir. 1989).                                                 
               Moreover, it appears that the responsibility for the delay             
          in Mr. Belotz' receipt of the information he considered necessary           
          for the preparation of the return lies considerably with Mr.                
          Constantino.  The record indicates that beginning at least during           
          July 1991, Mr. Belotz sought information concerning, inter alia,            
          expenses of the estate that Mr. Constantino was slow to provide             
          and that Mr. Constantino's tardiness in responding continued even           
          after the return became overdue.  Mr. Constantino provided such             
          information at the end of October 1991 and as late as January               
          1992, the month that the return was filed.  Mr. Constantino                 
          provided the information as to expenses only after repeated                 
          prodding by Mr. Belotz.  Indeed, Mr. Belotz appears to have been            
          more concerned with filing the return as quickly as possible once           
          it became overdue than Mr. Constantino appears to have been.                



          7  (...continued)                                                           
          amount of tax required to be shown on the return is to be reduced           
          by amounts paid on or before the date prescribed for payment of             
          the tax.                                                                    




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