Maude G. Furman, Donor, Deceased, and Estate of Maude G. Furman, Deceased, Robert G. Furman, Executor - Page 50

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          file a gift tax return where attorneys advised the taxpayer that            
          no gift tax liability resulted from transfer of property at fair            
          market value) with Logan Lumber Co. v. Commissioner, supra at 853           
          (forgetting to file a tax return or failing through inadvertence            
          to see that it is filed does not constitute reasonable cause),              
          and Millette & Associates, Inc. v. Commissioner, 594 F.2d 121,              
          124-125 (5th Cir. 1979) ("responsibility for assuring a timely              
          filing is the taxpayer's"), affg. T.C. Memo. 1978-180.                      
               Decedents were advised not to file a gift tax return by                
          Messrs. Tishler and Shillington in connection with the transfers            
          made in the Recapitalization.  Messrs. Tishler and Shillington              
          concluded that the fair market values of the common stock                   
          exchanged and the preferred stock received in the                           
          recapitalization were equal, so that no taxable gift had been               
          made.                                                                       
               Respondent argues that the addition to tax is nonetheless              
          applicable because decedents did not rely on a formal appraisal             
          of FIC to determine whether they had made taxable gifts.                    
          Respondent's argument is unwarranted on the facts of this case.             
          As we have discussed in our findings of fact, supra, Mr. Tishler            
          is highly experienced in restaurant franchising, and at the time            
          of the Recapitalization, had served as FIC's attorney for                   
          approximately 15 years.  Mr. Tishler's representation of FIC                
          included tax matters; for instance:  (1) In connection with the             
          1980 Gifts, he had advised decedents to file gift tax returns,              




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