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3. Whether Royal and Maude had reasonable cause for
failing to file gift tax returns for the period ending
September 30, 1981, and whether their failures to pay gift taxes
for that period were due to negligence or intentional disregard
of rules and regulations. We hold that Royal and Maude had
reasonable cause for failing to file gift tax returns and were
not negligent in failing to pay gift taxes.
FINDINGS OF FACT
Some of the facts have been stipulated and are incorporated
herein by this reference. Unless otherwise noted, all section
references are to the Internal Revenue Code in effect for the
years at issue, and all Rule references are to the Tax Court
Rules of Practice & Procedure. All amounts have been rounded to
the nearest dollar.
A. Decedents
Royal died testate on June 29, 1990. His wife Maude died
testate on June 12, 1992 (collectively decedents). Royal and
Maude were residents of Florida at the times of their deaths.
Robert, the personal representative of decedents' estates,
resided in Florida at the time of filing the petitions.1
Decedents weresurvived by five children, including Robert, their
son.
1 Under Florida law, the terms "executor" and "personal
representative" are synonymous. Fla. Stat. Ann. sec. 731.201(25)
(West 1995) defines "personal representative" as a court-
appointed fiduciary who administers a decedent's estate. For
purposes of the Florida Probate Code, the definition supersedes
"executor" and other synonymous terms. Id.
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