- 58 - the lawyer, who advised her to apply for a 6-month extension. The personal representative filed the proper form, together with a $20,000 check. The IRS negotiated the check and approved the request, but failed to notify the personal representative that the request had been approved, until about 2 years later. When the extended due date approached and the personal representative still had not assembled all the necessary information, she again consulted the lawyer, who again advised her to apply for a 6- month extension. Again, the personal representative filed the proper form, this time together with a $50,000 check. Again, the IRS negotiated the check. This time, the IRS denied the extension request, but again failed to notify the personal representative until about 2 years later. See id. at 304-306. Under the last sentence of section 20.6081-1(a), Estate Tax Regs., the first 6-month extension used up all the permitted extension time, and so the lawyer’s advice to file a request for a second 6-month extension was based on an error of law. See id. at 320-321, 324. If the second extension request could have been granted and had been granted (as the personal representative thought was the case), then the estate tax return filing would have been timely. See id. at 306. We concluded that the personal representative reasonably relied on erroneous advice from the estate’s lawyer, this reliance caused the filing of the estate tax return to be untimely, and thus the failure to timelyPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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