Estate of Ethel Josephine Spowart Hinz - Page 56




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               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.  As           






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