Estate of Mary K. Wetherington, Deceased, Mary Louise Ripple, Personal Representative - Page 6

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               2.   Deduction of Interest Paid on Estate Taxes Deferred                
                    Under Section 6166                                                 
               A taxpayer may not deduct interest paid or incurred after               
          entry of a decision, sec. 6512(a), Estate of Bailly v.                       
          Commissioner, 81 T.C. at 954, unless section 7481(d) (discussed              
          below) applies.  The taxpayer in Estate of Bailly v.                         
          Commissioner, supra, elected to pay estate tax in 10 annual                  
          installments under section 6166.  We delayed entry of decision in            
          that case to allow the taxpayer to deduct interest on the tax.               
          Id. at 958.  Section 6512(a) would have prevented the taxpayer               
          from deducting interest it paid after our decision became final.             
          In Estate of Bailly v. Commissioner, supra, we said that we were             
          troubled by the harshness of section 6512(a) with respect to                 
          estate tax cases.  We agreed, in the interest of fairness and                
          justice, to postpone entry of decision until the final                       
          installment of the estate tax liability is due, or paid,                     
          whichever is earlier.                                                        
               Section 7481(d) was enacted in 1988 in response to Estate of            
          Bailly v. Commissioner, supra.  Technical and Miscellaneous                  
          Revenue Act of 1988, Pub. L. 102-647, sec. 6247, 100 Stat. 3342,             
          3751-3752.  Under section 7481(d), a taxpayer may move to reopen             
          a case to which an extension of time to pay estate tax under                 
          section 6166 applies to ask the Court to modify the amount of the            
          estate's deduction for interest.  See Rule 262.                              
          B.   Contentions of the Parties                                              




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