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