- 21 - 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.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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