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“eyesight is not what it used to be”, Christy misread the
extension and inadvertently filed decedent’s estate tax return
late. Christy later found out that he was suffering from an eye
condition called macular degeneration and suspects that this had
already begun to affect his eyesight by early 1993.
On February 3, 1997, respondent issued a notice of
deficiency determining a tax liability of $5,612,618, almost 45
percent more than the amount reported on the filed estate tax
return.
On February 6, 1997, an amended estate tax return was
submitted to respondent.5 This amended tax return shows a tax
liability of $1,771,665, almost 55 percent less than the amount
reported on the filed estate tax return.
Hinz delegated to Christy the duty of timely filing the tax
return.
5 On opening brief, respondent asks us to find that this
amended estate tax return was “filed” on Feb. 6, 1997.
Petitioner does not object to this proposed finding. However,
the parties stipulate as follows:
This Amended Form 706 Federal Estate tax return has been
submitted to the Internal Revenue Service on February 6,
1997, but has not been filed pending resolution of the
issues between the estate and the Internal Revenue Service
on the original Form 706 Federal estate tax return.
We have not found anything in the record to indicate that the
parties’ stipulation was incorrect. Our findings are in accord
with the parties’ stipulation and not the parties’ proposed
findings of fact.
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