- 71 - Commissioner, 93 T.C. at 472. The Court in Bank of the West noted that there was no “evidence of any action by the Internal Revenue Service exercising its discretion to permit the payment of the tax in installments.” Id. at 473. Because reasonable cause must have existed when the tax was due, the significance of the Internal Revenue Service’s action or inaction regarding a section 6166 election is in determining the taxpayer’s reasonableness in believing that a valid election was made at the time the tax was due. In the instant case petitioner’s executor, Hinz, at the time the estate tax was required to be paid reasonably believed that the section 6166 election was valid. Before the extended due date for payment of the tax, Christy advised Hinz that a section 6166 election could be made to pay the estate tax in installments. Hinz as executor of the estate relied on this advice. Furthermore, respondent, having the untimely filed return and a copy of the approved request for extension of time to file, tentatively approved petitioner’s section 6166 election. Under these circumstances, we hold that Hinz exercised ordinary business care and prudence in providing for the payment of petitioner’s tax liability subject to the section 6166 election. We hold for petitioner on this issue.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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