Estate of Margaret Landers, Deceased, Dale Seltzer, Co-Administrator - Page 10

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          1.  Addition to Tax for Late Filing                                         
               Section 6651(a)(1) provides an addition to tax of 5 percent            
          per month (up to a maximum of 25 percent) for a failure to file a           
          timely tax return, unless it is shown that the untimely filing is           
          due to reasonable cause and not due to willful neglect.                     
          Respondent has met his burden of production under section 7491(c)           
          as to the applicability of section 6651(a)(1), and petitioner               
          bears a “heavy” burden of now proving that the coadministrators             
          had reasonable cause for filing the estate tax return late.                 
          United States v. Boyle, 469 U.S. 241, 245 (1985); see Higbee v.             
          Commissioner, 116 T.C. 438, 446-447 (2001).  Reasonable cause may           
          be found if the coadministrators exercised ordinary business care           
          and prudence and were nevertheless unable to file the estate tax            
          return on time.  See United States v. Boyle, supra at 246; sec.             
          301.6651-1(c)(1), Proced. & Admin. Regs.                                    
               Petitioner has failed to persuade us that the late filing of           
          the estate tax return was due to reasonable cause or, in other              
          words, to the exercise of ordinary business care and prudence on            
          the part of the coadministrators.  As to Gershon, he fractured              
          his hip approximately 2 months before the extended due date of              
          the estate tax return, and the record does not establish why                
          Gershon waited until those last 2 months to file the return.                
          Even so, we see no reason why Gershon could not have filed that             
          return timely.  Gershon continued working after fracturing his              






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