- 2 - into the status of the extension or the tax return. After the extended filing due date had passed, C contacted H to get the necessary real property appraisals. The estate tax return was filed on Feb. 4, 1994, 6 months after the extended filing due date. On the untimely filed estate tax return, the estate elected under sec. 6166, I.R.C. 1986, to pay in installments the estate tax related to certain of D’s real estate interests. R tentatively allowed the sec. 6166, I.R.C. 1986, election. Ten months later, R notified H that the sec. 6166, I.R.C. 1986, election was denied because it was made on an untimely filed tax return. 1. Held: Fair market values of the properties determined. Sec. 2031, I.R.C. 1986. 2. Held, further, P is liable for an addition to tax for failure to timely file the estate tax return. Sec. 6651(a)(1), I.R.C. 1986; United States v. Boyle, 469 U.S. 241 (1985). 3. Held, further, P is not liable for an addition to tax for failure to timely pay the estate tax liability shown on P’s estate tax return. Sec. 6651(a)(2), I.R.C. 1986. Francis Burton Doyle, for petitioner. G. Michelle Ferreira, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION CHABOT, Judge: Respondent determined a deficiency in Federal estate tax and additions to tax under sections 6651(a)(1)1 1 Unless indicated otherwise, all section references are to sections of the Internal Revenue Code of 1986 as in effect for the date of decedent’s death.Page: Previous 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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