Estate of Margaret Landers, Deceased, Dale Seltzer, Co-Administrator - Page 9

                                         -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.                             









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