Estate of Ethel Josephine Spowart Hinz - Page 52




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               Respondent maintains that Hinz relied on Christy to file the           
          tax return on time, that this was an attempt to delegate a                  
          nondelegable duty, and that this does not constitute reasonable             
          cause for failing to timely file the tax return.  Respondent                
          contends that, “additionally, it was not reasonable for Mr.                 
          Christy to believe that the estate had been granted an extension            
          to file the Federal estate tax return until February 4, 1994”.              
               Both sides rely on the opinion of the Supreme Court in                 
          United States v. Boyle, 469 U.S. 241 (1985).  Respondent stresses           
          the focus of the Court in Boyle on the executor’s duty to timely            
          file the estate tax return.  Petitioner points to the Supreme               
          Court’s ratification through Boyle of judicial holdings that                
          reliance on counsel’s advice constitutes reasonable cause, and              
          contends that Hinz relied on Christy’s advice and that Hinz did             
          not delegate to Christy the duty of timely filing.  Respondent              
          contends that Hinz delegated the duty to Christy and did not                
          merely rely on Christy’s advice.                                            
               We agree with respondent’s conclusion and with some of                 
          respondent’s analysis.                                                      








          21(...continued)                                                            
          155.                                                                        





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