- 6 - 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 PartiesPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011