-9- OPINION We decide whether the estate is liable for the additions to tax respondent determined under section 6651(a)(1) and (2). The coadministrators filed the estate tax return late and paid much of the related tax late. Petitioner argues that the coadministrators exercised ordinary business care and prudence in trying to file the return timely and to pay the tax timely. As to the untimely filing, petitioner argues that Seltzer lacked the knowledge to file the return timely, that Seltzer therefore relied on Gershon to file the return timely, and that Gershon’s hip fracture resulted in the return’s untimely filing. Petitioner also argues that Seltzer’s reliance on Gershon to file the return timely was reasonable because Cal. Prob. Code sec. 16012 (West Supp. 2006) allowed Seltzer to delegate the duty of filing the return to Gershon as long as Seltzer regularly monitored Gershon’s actions underlying that filing. Petitioner argues as to the untimely payment that Gershon’s hip fracture also resulted in the late payment and that Seltzer could not pay any of the estate tax owed until Gershon calculated the amount of estate tax due. We disagree with petitioner that there was reasonable cause for either the late filing or the late payment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011