Estate of Joseph G. Maltaman, Deceased, Paul J. Constantino, Special Administrator - Page 22

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               Based on the record as a whole, we conclude that petitioner            
          has failed to establish that the failure to file timely was due             
          to reasonable cause.8                                                       
               To reflect the foregoing, concessions, and the claim of                
          additional expenses,                                                        
                                                  Decision will be entered            
                                             under Rule 155.                          






















          8    We note that Mr. Constantino was an attorney who was                   
          appointed by the superior court to administer the estate.  While            
          one court has indicated that a professional executor should be              
          held to a stricter standard than a layperson for purposes of sec.           
          6651(a), Estate of Cox v. United States, 637 F. Supp. 1112, 1115            
          (S.D. Fla. 1986), we need not apply such a standard to reach our            
          result herein.  Even using the standards applicable to                      
          laypersons, we find that petitioner has failed to demonstrate               
          that the failure to file timely was due to reasonable cause.                




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