Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 16

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          the general rule is that the duty of filing an accurate tax                 
          return cannot be avoided by placing responsibility on an agent,             
          and taxpayers bear responsibility for the failure of their                  
          agents.  Pritchett v. Commissioner, 63 T.C. 149, 174 (1974); Am.            
          Props. Inc. v. Commissioner, 28 T.C. 1100, 1116 (1957), affd. 262           
          F.2d 150 (9th Cir. 1958).  Therefore, petitioner must bear                  
          responsibility for the failure to file a timely election pursuant           
          to section 1042.                                                            
               We hold that petitioner is not able to defer recognition of            
          a gain that resulted from a sale of stock to the ESOP because he            
          failed to elect such treatment as required by section 1042.                 
               We have considered all of petitioner’s contentions,                    
          arguments, and requests that are not discussed herein, and we               
          conclude that they are without merit or irrelevant.                         
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered for respondent.             

















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