- 35 - returns through oversight. If it were, petitioners could not escape the application of section 6651(a)(1) by claiming reliance on their accountants. See United States v. Boyle, supra at 252; McGee v. Commissioner, 979 F.2d 66, 70-71 (5th Cir. 1992), affg. per curiam T.C. Memo. 1991- 510; Denenburg v. United States, 920 F.2d 301 (5th Cir. 1991). For example, in United States v. Boyle, supra, the executor of an estate, argued that reliance on an attorney was "reasonable cause" for failure to meet the filing deadline for an estate tax return. The Court stated that it was not "reasonable" for the executor to "assume" that the attorney would comply with the statute. United States v. Boyle, supra at 250. The Supreme Court held: "The failure to make a timely filing of a tax return is not excused by the taxpayer's reliance on an agent, and such reliance is not 'reasonable cause' for a late filing under �6651(a)(1)." United States v. Boyle, supra at 252. In its opinion, the Supreme Court made it clear that the case before it was not one in which "a taxpayer has relied on the erroneous advice of counsel concerning a question of law", such as the advice of an accountant or attorney that it was unnecessary to file a return. Id. at 250. In this case, petitioners and their accountants did more than the executor and his lawyer in United StatesPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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