- 56 - Because (a) both of petitioner’s reasonable cause contentions are based on Christy’s misinforming Hinz, and (b) we have concluded that petitioner’s failure to timely file the tax return was not due to Christy’s misinforming Hinz, we conclude that (c) petitioner’s failure to timely file the tax return was not due to reasonable cause. B. Which Side of the Boyle “Bright Line”? In United States v. Boyle, 469 U.S. 241 (1985), Boyle, as executor of his mother’s estate, retained Keyser to serve as attorney for the estate. Boyle-- relied on Keyser for instruction and guidance. He cooperated fully with his attorney and provided Keyser with all relevant information and records. Respondent [i.e., Boyle] and his wife contacted Keyser a number of times during the spring and summer of 1979 to inquire about the progress of the proceedings and the preparation of the tax return; they were assured that they would be notified when the return was due and that the return would be filed “in plenty of time.” App. 39. When respondent called Keyser on September 6, 1979, he learned for the first time that the return was by then overdue. Apparently, Keyser had overlooked the matter because of a clerical oversight in omitting the filing date from Keyser’s master calendar. Respondent met with Keyser on September 11, and the return was filed on September 13, three months late. United States v. Boyle, Id. at 242-243. In Boyle, the Supreme Court focused on the language of section 6651(a)(1) and section 301.6651-1(c)(1), Income Tax Regs., and noted the variety of conclusions that Courts of Appeals had come to as to when a taxpayer’s reliance on a tax adviser may constitute reasonable cause. See id. at 247-248. AsPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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