115 T.C. No. 27
UNITED STATES TAX COURT
ESTATE OF ALGERINE ALLEN SMITH, DECEASED, JAMES ALLEN SMITH,
EXECUTOR, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket Nos. 19200-94, 3976-95. Filed October 18, 2000.
In a prior opinion, we determined that there was a
deficiency in estate tax. P filed a timely notice of
appeal but did not file a bond to stay assessment or
collection during the pendency of the appeal. R
assessed the deficiency in estate tax, and P paid a
portion of the amount assessed. The Court of Appeals
reversed, vacated, and remanded for further
proceedings. The Court of Appeals opinion did not
preclude the possibility that further proceedings in
this Court might result in an estate tax deficiency in
the same amount that was previously decided. P filed a
Motion To Restrain Collection, Abate Assessment, And
Order A Refund Of Amount Collected. P’s motion is
based on sec. 7486, I.R.C.
Held: Sec. 7486, I.R.C., provides that “if the
amount of the deficiency determined by the Tax Court is
disallowed in whole or in part by the court of review,
the amount so disallowed shall be credited or refunded
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