- 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
Last modified: May 25, 2011