T.C. Memo. 2000-6 UNITED STATES TAX COURT ESTATE OF ETHEL JOSEPHINE SPOWART HINZ, DECEASED, LESTER F. HINZ, JR., EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8194-97. Filed January 6, 2000. When decedent (D) died on May 4, 1992, she owned several parcels of real property located in California. H, the executor of D’s estate, employed C, “the family attorney”, to “do the federal estate tax return.” H knew the estate tax return was due Feb. 4, 1993, 9 months from the date of D’s death. Before the estate tax return was due, C told H that an extension for the time to file the estate tax return could be obtained. C timely filed a request for a 5-month, 27-day extension of the time to file and a 10-month, 27-day extension of the time to pay the estate tax. Under sec. 6081, I.R.C. 1986, the maximum extension available for filing an estate tax return is 6 months and under sec. 6161, I.R.C. 1986, the maximum extension for paying the estate tax is 1 year. R approved a 6-month extension for the time to file and a 1-year extension for the time to pay the estate tax. The extended due date for filing the return was Aug. 4, 1993, and for the payment of the tax liability was Feb. 4, 1994. After the extension request was filed, H did not contact C or inquirePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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