- 70 - 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.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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