- 21 - election coincide with the 9-month period for filing an estate tax return under section 2001. The estate requested that the Commissioner exercise his discretion and extend the due date under section 6081(a) because the estate’s tax return preparer had died unexpectedly. The examining agent told the executrix in a later meeting that the estate had made a good case for an extension but that his supervisor had told him he must deny the request for an extension because his supervisor disliked farmers, believing farmers were too rich, got away with too much already, and did not deserve any further breaks. The estate was not thereafter afforded an Appeals Office conference. The Government moved for summary judgment, arguing that section 6081 was committed to agency discretion. Section 6081(a) has language similar to that of section 6165, providing that “The Secretary may grant a reasonable extension of time for filing any return, declaration, statement, or other document required by this title or by regulations.” The Government argued that because the statute provided simply that the Commissioner “may” grant an extension, the statute lacked ascertainable standards on which the Court could base its review. We rejected the Government's argument, first noting that the “committed to agency discretion” exception to the general rule of reviewability is a very narrow one. Estate of Gardner v. Commissioner, supra at 995 (citing Citizens to Preserve OvertonPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007