- 8 - Respondent has previously granted an extension under section 6161(a). According to our record, petitioner's request for a further extension is now pending. Respondent contends that we should not delay entry of decision because it would enable petitioner to deduct interest that it could not otherwise deduct. We disagree with respondent's view that such a result is improper. Section 6161(a), like section 6166, can result in an extension of time for a taxpayer to pay estate tax. We believe the situation in this case is analogous to that in Estate of Bailly v. Commissioner, supra. We distinguish this case from Estate of Nevelson v. Commissioner, T.C. Memo. 1996-361, because there petitioners asked the Court to delay entry of decision more than 5 years past the date the parties had agreed to file a stipulated decision. Here, the parties have not agreed to a date to file a stipulated decision. 2. Whether Granting Petitioner's Motion Would Interfere With Respondent's Exercise of Discretion Under Section 6161 Section 6161(a) gives the Commissioner discretion to grant a taxpayer's request for extension of time to pay taxes. Respondent contends that granting petitioner's motion would eliminate that discretion. We disagree. Our granting of thisPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011