ESTATE OF FRANK DUTTENHOFER, DECEASED, ALBERT J. UHLENBROCK AND WILLIAM DUTTENHOFER, CO-EXECUTORS, PETITIONERS,
v.
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT
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The court affirmed the Tax Court's judgment, finding no reasonable cause for the late filing of an estate tax return.
The estate tax return was filed over five months late, and the Tax Court found that neither litigation nor reliance on an attorney constituted reasona…
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PER CURIAM.
On consideration of the briefs and records filed in the above-styled appeal, and the memorandum opinion of the Tax Court, filed December 13, 1967, 49 T.C. 200, we affirm the judgment of the Tax Court.
In this case there was a delay of over five months in the filing of the estate tax return beyond the 15-month period allowed by statute. The Tax Court found on the facts in this case that neither the litigation in which the estate was involved nor the executprs’ reliance upon their attorney constituted “reasonable cause” for failure either to file the return or make timely request for an extension.
In Fisk v. Commissioner of Internal Revenue, 203 F. 2d 358 (6th Cir. 1953), a penalty was assessed for an estate tax return which was mailed on the last day allowed by the statute but was received one day late. This court reversed, holding that the delay there involved was an innocent error made despite reasonable care. A five-month delay does not appear to us to present a comparable situation.
We cannot hold on this record that the findings of fact of the Tax Court in this case are “clearly erroneous.” Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 80 S.Ct. 1190, 4 L.Ed.2d 1218 (1960).
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Citator
Cited By
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United States v. Boyle, 469 U.S. 241 (U.S. 1985)
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United States v. Kroll, 547 F.2d 393 (7th Cir. 1977)
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Est. of Anthony Geraci v. Commissioner OF Internal Revenue, 502 F.2d 1148 (6th Cir. 1974)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commissioner of Internal Revenue v. Duberstein et ux., 363 U.S. 278 (U.S. 1960)
- In re Fisk's Estate. Fisk v. Commissioner of Internal Revenue, 203 F.2d 358 (6th Cir. 1953)