Estate of Ethel Josephine Spowart Hinz - Page 70




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          respondent had informed Hinz of the denial almost 19 months                 
          earlier.                                                                    
               We proceed to the merits.                                              
               A taxpayer’s failure to pay the tax shown on the return is             
          due to reasonable cause if the taxpayer exercised ordinary                  
          business care and prudence and was nevertheless unable to pay the           
          tax within the prescribed time.  See sec. 301.6651-1(c)(1),                 
          Proced. & Admin. Regs.  Willful neglect is defined as “a                    
          conscious, intentional failure or reckless indifference.”  United           
          States v. Boyle, 469 U.S. at 245.  Petitioner must show that                
          reasonable cause existed at the time payment of the estate tax              
          was due.  See Estate of La Meres v. Commissioner, 98 T.C. at 324.           
               The Court dealt with this question and reached opposite                
          results in Estate of La Meres v. Commissioner, 98 T.C. at 324,              
          and Bank of the West v. Commissioner, 93 T.C. at 472.  In Estate            
          of La Meres, the Court held that the addition to tax under                  
          section 6651(a)(2) did not apply because (among other reasons) at           
          the time the estate tax was due the taxpayer reasonably believed            
          that a section 6166 election was proper.  The Court in Estate of            
          La Meres noted that the Internal Revenue Service had initially              
          accepted the taxpayer’s section 6166 election.  See Estate of La            
          Meres v. Commissioner, 98 T.C. at 324.  In Bank of the West the             
          Court held that the taxpayer’s reliance on a section 6166                   
          election was not reasonable.  See Bank of the West v.                       






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