Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 39

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          In all three cases, the Court found that the taxpayer's good                
          faith reliance on the attorney's erroneous advice constituted               
          reasonable cause.  These cases were distinguishable from Boyle              
          and other cases in which the taxpayer simply delegated all                  
          responsibility for filing to an agent.  Estate of La Meres, supra           
          at 319.  In Estate of DiPalma, the attorney for the estate led              
          the executrix to believe that pending litigation justified                  
          delaying the filing of the estate tax return.  Petitioner                   
          compares this to the present situation, where Wang advised                  
          petitioner that no estate tax return would be due because of the            
          Oak Tree Inn litigation.                                                    
               The inquiry is whether petitioner relied in good faith on              
          the accountant's advice with respect to the filing requirement.             
          The principal difficulty which we have with petitioner's                    
          arguments is that the objective evidence does not necessarily               
          lead us to the conclusion that Yang was unaware that the return             
          was due.  See Estate of La Meres, supra at 316-317.  Examining              
          the chronology of events, we note that decedent died on June 28,            
          1989.  On March 21, 1990, petitioner filed for an extension of              
          time to file and to pay the estate tax to March 28, 1991.  On               
          April 11, 1990, respondent approved the Estate's application for            
          extension of time to file and pay.  According to Yang, in the               
          summer of 1990, Wang told Yang that a return would not be due,              
          and as a result of this statement, Yang did not ask Wang about              





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