Estate of Margaret Landers, Deceased, Dale Seltzer, Co-Administrator - Page 12

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          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.                                                                




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