Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 17

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          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 the              






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