- 17 - the same limited number of properties he had previously advertised for sale. Finally, the taxpayer in Estate of La Meres erroneously assumed that a proper section 6166 election had been made and that its due date for payment was postponed. Id. at 313. Mr. Renbarger was fully aware that the estate’s payment due date had passed. V. Administrative Burden of Ongoing Litigation We now address Mr. Renbarger’s claim that pending litigation presented an extraordinary administrative burden on the estate. An estate’s involvement in proceedings that might affect the estate tax does not constitute reasonable cause for late payment. See Estate of Duttenhofer v. Commissioner, 49 T.C. 200, 206-207 (1967) (pending litigation, even where the outcome would affect the determination of an estate tax, is not reasonable cause for failing to file an estate tax return timely), affd. per curiam 410 F.2d 302 (6th Cir. 1969); Porter v. Commissioner, 49 T.C. 207, 226-227 (1967) (pending litigation affecting the fair market value of a taxpayer’s interest in property at the time of death was not reasonable cause for untimely filing). The estate has failed to show how litigation significantly affected its administration. For instance, Mr. Renbarger testified that he gave the cases to the estate’s attorney and that “he gets after [them].” Further, only three of the six cases were commenced before the payment due date, which is thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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