Estate of Smith v. Comm'r
United States Tax Court
On Jan. 24, 2002, the Court entered a decision that there was an overpayment of $ 238,847.24 regarding E's estate tax liability, which amount was paid after the mailing of the notice of deficiency. That decision is now final. R issued refunds to E which were less than the overpayment amount and interest thereon.
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On Jan. 24, 2002, the Court entered a decision that there was an overpayment of $ 238,847.24 regarding E's estate tax liability, which amount was paid after the mailing of the notice of deficiency. That decision is now final. R issued refunds to E which were less than the overpayment amount and interest thereon. R alleges that the refund was less than the $ 238,847.24 overpayment and interest thereon because, after our decision became final, and pursuant to sec. 6402(a), I.R.C., he applied$ 85,336.83 of the $ 238,847.24 overpayment to assessed but unpaid the date of payment (underpayment…
1ConcurrenceThornton, J.
The majority opinion holds that this Court’s previous decision as to the amount of the estate tax overpayment necessarily incorporated the estate’s liability for certain underpayment interest that had already been assessed (and had not been abated). I agree with this holding, as confined to its facts. Inasmuch as the facts of this case do not present any issue as to the treatment of unassessed underpayment interest in the calculation of an overpayment, I do not believe that the majority opinion should be construed as resolving that issue.
Background
Certain procedural facts, not discussed in…
2Cases cited6 opinions
- Jones v. Liberty Glass Co.Supreme Court of the United States · 1948
- Estate of Baumgardner v. CommissionerUnited States Tax Court · 1985
- Smith Ex Rel. Estate of Smith v. CommissionerCourt of Appeals for the Fifth Circuit · 1999
- Estate of Smith v. CommissionerUnited States Tax Court · 1997
- Estate of Smith v. CommissionerUnited States Tax Court · 1998
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