Estate of Ethel Josephine Spowart Hinz - Page 71




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          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.                                  










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