Estate of Ethel Josephine Spowart Hinz - Page 58




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          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 timely            






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