- 10 - “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.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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