Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 11

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          for each year, and the resulting tax decrease should be computed            
          for each year.  The total of these tax decreases for prior years            
          is the amount that is available as a credit for 1992 pursuant to            
          section 1341(a)(5)(B).                                                      
               Both parties agree that petitioner will be entitled to an              
          overpayment as a result of applying section 1341(a)(5) and                  
          (b)(1), but they disagree about whether section 1341(b)(1) sets             
          the limit on the amount of the overpayment.                                 
               For purposes of applying section 1341(b)(1) to these cases,            
          the "taxable year" is 1992.  Section 1341(b)(1) provides in                 
          pertinent part that "If the decrease in tax ascertained under               
          subsection (a)(5)(B) exceeds the tax imposed by this chapter for            
          the taxable year (computed without the deduction) such excess               
          shall be considered to be a payment of tax on the last day                  
          prescribed by law for the payment of tax for the taxable year,              
          and shall be refunded or credited in the same manner as if it               
          were an overpayment for such taxable year."  Respondent argues              
          that the amount of the overpayment for 1992 is limited to the               
          amount described in section 1341(b)(1).  Petitioner disagrees.              
          Again, neither party cites any previous cases dealing with this             
          issue, and we have found none.                                              
               Section 1341 provides a method for determining the tax for a           
          year in which a taxpayer repays items that had been reported as             
          income in prior years under claim of right.  Under section                  
          1341(a)(5), the first step is to compute the tax for the taxable            
          year (1992) without regard to any deduction allowable pursuant to           




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