- 3 - Section references are to the Internal Revenue Code as amended. Rule references are to the Tax Court Rules of Practice and Procedure. Background Mary K. Wetherington (decedent) died on April 8, 1990. Her estate consisted almost exclusively of agricultural real property in Hillsborough County, Florida. Petitioner filed decedent's estate tax return on September 9, 1991. Petitioner paid Federal estate tax of $61,000 on April 2, 1991, and $97,793.77 on August 18, 1992. On March 3, 1995, petitioner sold part of decedent's real property. Petitioner paid estate taxes of $498,321.93 on March 6, 1995. Under section 6161(a)(1), the Secretary may extend the time in which a taxpayer must pay estate tax for up to 12 months. Under section 6161(a)(2), the Secretary may grant an extension, for reasonable cause, up to 10 years from the due date of the return. Respondent extended the time for petitioner to pay estate tax under section 6161(a) for 1 year, and possibly for a second year, because petitioner's assets were not liquid, and petitioner could not pay the balance due. Petitioner applied for a further extension under section 6161(a), which is pending as of December 18, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011