Maude G. Furman, Donor, Deceased, and Estate of Maude G. Furman, Deceased, Robert G. Furman, Executor - Page 48

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          202-203 (1970).  Reasonable cause exists if a taxpayer exercised            
          ordinary business care and prudence and nevertheless did not                
          timely file a gift tax return.  Hollingsworth v. Commissioner, 86           
          T.C. 91, 108 (1986) (citing Estate of Kerber v. United States,              
          717 F.2d 454, 455 (8th Cir. 1983)); sec. 301.6651-1(c)(1),                  
          Proced. & Admin. Regs.; see Haywood Lumber & Mining Co. v.                  
          Commissioner, 178 F.2d 769 (2d Cir. 1950).  Willful neglect means           
          a conscious, intentional failure or reckless indifference.                  
          United States v. Boyle, supra at 245-246; sec. 301.6651-1(c)(1),            
          Proced. & Admin. Regs.  Whether a failure to timely file a gift             
          tax return was due to reasonable cause, and not to willful                  
          neglect, is a factual matter to be decided on the basis of the              
          facts and circumstances of each case.  The Commissioner’s                   
          determination of an addition to tax is presumed to be correct and           
          must be disproven by the taxpayer.  Welch v. Helvering, 290 U.S.            
          111, 115 (1933); Epstein v. Commissioner, 53 T.C. 459, 477                  
          (1969).                                                                     
               “Courts have frequently held that `reasonable cause’ is                
          established when a taxpayer shows that he reasonably relied on              
          the advice of an accountant or attorney that it was unnecessary             
          to file a return, even when such advice turned out to have been             
          mistaken.”  United States v. Boyle, supra at 250 (citing United             
          States v. Kroll, 547 F.2d 393, 395-396 (7th Cir. 1977));                    
          Commissioner v. American Association of Engg. Employment, Inc.,             
          204 F.2d 19, 21 (7th Cir. 1953); Burton Swartz Land Corp. v.                




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