Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 38

                                       - 38 -                                         

          on his attorney.  Id. at 244.  The Supreme Court noted that                 
          engaging an attorney to assist in the probate proceedings is                
          plainly an exercise of the ordinary business care and prudence as           
          described by the regulations.  Id. at 250.  The Court continued             
          to say:                                                                     
                    When an accountant or attorney advises a taxpayer on a            
               matter of tax law, such as whether a liability exists, it is           
               reasonable for the taxpayer to rely on that advice.  Most              
               taxpayers are not competent to discern error in the                    
               substantive advice of an accountant or attorney.                       
               * * *                                                                  
                    By contrast, one does not have to be a tax expert to              
               know that tax returns have fixed filing dates and that taxes           
               must be paid when they are due.  In short, tax returns imply           
               deadlines.  Reliance by a lay person on a lawyer is of                 
               course common; but that reliance cannot function as a                  
               substitute for compliance with an unambiguous statute. * * *           
                                                                                     
          Id. at 251.  The Court held that reliance on an agent was not               
          reasonable cause for failing to perform a nondelegable duty of              
          filing the return.  Id. at 252.                                             
               When a taxpayer shows that he reasonably relied on the                 
          "advice" of an accountant or attorney, even when such advice                
          turned out to be mistaken, courts have frequently held that such            
          reliance constitutes reasonable cause if the executor did not               
          merely assign the nondelegable duty to file to the attorney or              
          accountant.  Estate of La Meres v. Commissioner, 98 T.C. 294, 314           
          (1992).  To support its position of reliance on Wang's erroneous            
          advice, petitioner cites the following cases: Estate of La Meres            
          v. Commissioner, supra; Housden v. Commissioner, T.C. Memo. 1992-           
          91; and Estate of DiPalma v. Commissioner, 71 T.C. 324 (1978).              




Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011