Estate of Hilda Ashman, Deceased, Phillip Ashman, Personal Representative - Page 12

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          sufficient facts to respondent so that respondent knew or ought             
          to have known of a possible mistake in the reporting of an item.            
               Petitioner contends that it was unreasonable for respondent            
          to rely on decedent's 1990 return because the $725,502 pension              
          distribution was a highly material item.  Petitioner contends               
          that respondent chose not to audit decedent's 1990 return because           
          of poor judgment.  We disagree.  The Commissioner may rely on               
          representations in a return signed under penalties of perjury               
          absent sufficient facts that provide actual or constructive                 
          knowledge to the contrary.  Estate of Letts v. Commissioner,                
          supra; Hughes & Luce, L.L.P. v. Commissioner, supra.  The                   
          reasonableness of the Commissioner's reliance does not change,              
          per se, because of the mere size of the item reported by the                
          taxpayer on the return.                                                     
               We find that respondent did not know or have reason to know            
          that decedent erroneously claimed rollover treatment for a                  
          portion of the 1990 pension distribution.  Petitioner maintains             
          that the pension distribution and attempted rollover were fully             
          disclosed on decedent's 1990 return.  However, decedent did not             
          disclose the dates of either the pension distribution or                    
          attempted rollover which would have alerted respondent that the             
          rollover was untimely.  Decedent did not provide any facts to               
          respondent that would have shown that she failed to timely roll             
          over a portion of the 1990 pension distribution.  We find that              
          respondent reasonably relied on decedent's 1990 return, did not             



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