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apparent business experience, we do not find him unqualified to
act as the executor.
IX. Conclusion
Congress prescribed the civil penalty to ensure timely
payment of tax. The statutory deadline provision is clear. It
mandates that the Federal estate tax be paid by the executor
under section 2002 and that payment be remitted at the time
prescribed for filing under section 6151 (or a later date if
extended). This is a case where the executor was the only heir
to the entire estate. In that dual capacity, he possessed
complete control over each aspect of the estate and its
administration. He faced no opposition to any action he chose to
take. In light of this unbridled authority and the negligible
payment of $100,000 by the payment due date toward a Federal
estate tax liability of approximately $4.2 million, the Court
finds that the estate demonstrably failed to carry its burden of
proving that its failure to pay the tax timely was due to
reasonable cause and not willful neglect. Accordingly, the
estate is liable for the addition to tax under section
6651(a)(2).
To reflect the foregoing regarding the addition to tax and
the concessions of the parties regarding the non-addition-to-tax
issues,
Decision will be entered
under Rule 155.
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