Estate of Collins v. Department of Revenue

SAMUEL B. STEWART, Judge.

The plaintiff appealed from the defendant’s Opinion and Order No. IH 82-5, denying plaintiffs claim that interest paid upon a state “pick up” tax should have been included in the plaintiffs refund when the assessed deficiency was subsequently reduced. The following facts have been stipulated by the parties:

1. Spencer R. Collins died March 16,1977.

2. Plaintiff filed its federal estate tax return on December 16, 1977, electing to defer payment of the tax attributable to interest in a closely held business as allowed by IRC § 6166 (1954). On the return, the plaintiff…