- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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