Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 2

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                    Held, further, the amount of any overpayment that                 
               results from the application of sec. 1341, I.R.C., is                  
               not restricted to the amount computed under sec.                       
               1341(b)(1), I.R.C.                                                     
                    Held, further, Rule 155(c), Tax Court Rules of                    
               Practice and Procedure, prohibits a party from raising                 
               new issues for purposes of making a computation                        
               pursuant to Rule 155.  R may not amend the answer.                     


               Michael C. Riddle and Harold A. Chamberlain, for petitioner.           
               Carol Bingham McClure, for respondent.                                 

                                SUPPLEMENTAL OPINION                                  

               RUWE, Judge:  On June 4, 1997, we issued our opinion in                
          these consolidated cases.  Estate of Smith v. Commissioner, 108             
          T.C. 412 (1997).  Pursuant to that opinion, the parties filed               
          separate computations pursuant to Rule 155.1  These cases are               
          before the Court again because the parties cannot agree on the              
          proper method for computing the overpayment of income tax and the           
          deficiency in estate tax.2                                                  
               The issues presented concern:  (1) The proper method for               
          computing an income tax credit and resulting overpayment under              



          1Unless otherwise indicated, all Rule references are to the                 
          Tax Court Rules of Practice and Procedure, and all section                  
          references are to the Internal Revenue Code in effect as of the             
          date of decedent's death.                                                   
          2As indicated in our previous opinion, we believed based on                 
          representations of the parties in their posttrial briefs that the           
          parties were in agreement as to the computational aspects of                
          these cases.                                                                




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