-12- tax return to Gershon.2 We read that section as it is written and come to a contrary conclusion. The fact that Seltzer’s duty to file the estate tax return timely is an act “that the trustee [Seltzer] can reasonably be required personally to perform” is quickly seen from the Supreme Court’s observation in United States v. Boyle, supra at 252, that it takes no special expertise to ascertain the due date of a tax return or to make sure that the due date is met. Such is especially so given that Seltzer was not laboring under any disability which might excuse his failure to exercise the requisite ordinary business care and prudence; he was in good health and even made sure that the bills of DPM and GlenLee were paid timely and in full. Seltzer’s selective inability to meet his tax obligations as a coadministrator of the estate, when he continued to conduct normal business operations, supports our finding that the reasonable cause exception has not been met as to him. See Bear 2 Cal. Prob. Code sec. 16012 (West Supp. 2006) provides in relevant part: SEC. 16012. Delegation of duties; prohibitions; exceptions (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform * * *. (b) In a case where a trustee has properly delegated a matter to an agent, cotrustee, or other person, the trustee has a duty to exercise general supervision over the person performing the delegated matter.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011