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returnable in decedent's Federal estate tax return. Pursuant to
the extension of time granted, the Federal estate tax return was
timely filed on September 30, 1988. Attached to that return was
a copy of the request for extension of time originally made, and
that request contained an explanation and justification for
granting the extension of time. At the time the return was
filed, the controversy between decedent's estate and decedent's
surviving husband still continued and was not settled until at
least January 14, 1991. As a result, the estate tax return that
was filed herein did not include a large volume of assets, which
was one subject of respondent's deficiency notice herein.
Exactly when respondent became aware of the quantity and
value of the assets that had been omitted from petitioner's
Federal estate tax return is unclear in this record. However, on
September 21, 1994, more than 3 years after the return was filed,
but less than 6 years thereafter, respondent issued the statutory
notice of deficiency that has been contested herein. There is no
evidence that any amended estate tax return was filed by
petitioner.
In the controversy between petitioner and respondent, both
at the administrative level and in the proceeding before this
Court, respondent took the position that, since the omission of
assets from the return as filed was in excess of 25 percent of
the gross estate, the applicable period of limitations was
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