- 16 -
of information is not reasonable cause for failing to file a
timely return. See Crocker v. Commissioner, 92 T.C. 899, 913
(1989); Elec. & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1342-
1344 (1971), affd. without published opinion 496 F.2d 876 (5th
Cir. 1974); Cook v. Commissioner, T.C. Memo. 1999-50; Barber v.
Commissioner, T.C. Memo. 1997-206. Unless a taxpayer applies for
and obtains a timely extension of time to file, a taxpayer is
expected to file a timely return based on the best information
available and then file an amended return if necessary. See
Estate of Vriniotis v. Commissioner, 79 T.C. 298, 311 (1982);
Cook v. Commissioner, supra; Barber v. Commissioner, supra.
Moreover, pending litigation, even if the outcome affects
the estate's final tax liability, is not reasonable cause for
failing to file an estate tax return timely. Estate of Mayer v.
Commissioner, 351 F.2d 617 (2d Cir. 1965), affg. 43 T.C. 403
(1964); Estate of Duttenhofer v. Commissioner, 49 T.C. 200
(1967), affd. per curiam 410 F.2d 302 (6th Cir. 1969); Estate of
Pridmore v. Commissioner, T.C. Memo. 1961-12; Sever v.
Commissioner, T.C. Memo. 1954-63. In fact, this Court has
previously held that pending litigation affecting the fair market
value of a decedent's interest in property at the time of death
was not reasonable cause for untimely filing. Porter v.
Commissioner, 49 T.C. 207, 226-227 (1967). In Porter, the Court
held that the executor should have filed a timely estate tax
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