-14- suffered undue hardship if the tax had been paid by the due date. See sec. 301.6651-1(c), Proced. & Admin. Regs. Petitioner makes no claim that the estate would have suffered undue hardship if the estate had paid the tax by the due date, and we do not find independently on the basis of the record at hand that such would have been the case. The thrust of petitioner’s argument is that Gershon’s hip injury prevented him from preparing the estate tax return in time to pay the estate tax timely and that Seltzer could not otherwise pay that tax because he needed the return to know how much tax to pay. We are unpersuaded. For the reasons stated above in our discussion of the addition to tax for late filing, we conclude that the coadministrators did not exercise ordinary business care and prudence in attempting to pay the tax timely. We add that we believe that an ordinary and reasonable person in Seltzer’s position would have consulted another individual as to the estate tax return had he or she known that the return was on extension and believed that the current preparer was suffering from a disability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011