Estate of Gertrude Zlotowski, Deceased, Gunther Grewe, Ancillary Administrator, C.T.A. - Page 7




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          filing the estate tax return was due to reasonable cause and not            
          due to willful neglect.1                                                    
               The term “willful neglect” denotes “a conscious, intentional           
          failure or reckless indifference.”  United States v. Boyle, 469             
          U.S. 241, 245 (1985).  Reasonable cause is established where,               
          despite the exercise of ordinary business care and prudence, a              
          taxpayer is unable to file timely.  Id. at 246 & n.4; sec.                  
          301.6651-1(c)(1), Proced. & Admin. Regs.; see also McMahan v.               
          Commissioner, 114 F.3d 366, 369 (2d Cir. 1997) (considering                 
          elements constituting reasonable cause for late filings under               
          section 6651(a)(1)), affg. T.C. Memo. 1995-547.                             
               Respondent does not contend that the return was delinquent             
          because of Messrs. Roisen and Helman’s willful neglect, only that           
          they have failed to establish reasonable cause for the                      
          delinquency.  Respondent relies on the following points to                  
          support his reasonable cause conclusion:  Reliance on the advice            
          of an attorney concerning matters of law constitutes reasonable             
          cause.  However, a taxpayer’s reliance on the advice of an                  
          attorney with respect to matters such as meeting filing deadlines           
          generally does not constitute reasonable cause.  Here, Mr. Ledley           


               1  The delinquency having been established, respondent has             
          met the burden of production placed on him by sec. 7491(c), see,            
          e.g., Weaver v. Commissioner, T.C. Memo. 2004-108, and petitioner           
          bears the burden of proving reasonable cause and the lack of                
          willful neglect, see Rule 142(a); Higbee v. Commissioner, 116               
          T.C. 438, 446-447 (2001).                                                   





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