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Bad advice may excuse penalty for estate return filed late

The courts may abate or cancel certain penalties for “reasonable cause”, but it is difficult to define reasonable cause. In the Estate of John R.H. Thouron, the attorney gave bad advice and the estate relied on that advice. The attorney said the death tax return, form 706 was due nine months after death and that was correct. The attorney also said the estate could file and pay the death tax late if they filed an Extension of Time to File-form 4768 at the same time the return was filed. That is not correct.


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