Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 14

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          computation, respondent, for the first time, alleges that the               
          notice of deficiency was in error, and that $120,172 of the                 
          credit allowed should have been reflected on a different line in            
          the notice of deficiency as "Additional credit for state death              
          taxes allowable, if substantiated."  Had this been done, the                
          amount of the deficiency determined by respondent would have been           
          increased by $120,172.11                                                    
               Respondent now wants to amend the answer to correct the                
          error and increase the deficiency.  Apparently, assuming that               
          this will be permitted, respondent has included this adjustment             
          in the Rule 155 computation.  The problem with respondent's                 
          position is that Rule 155(c) precludes a party from raising a new           
          issue in a proceeding under Rule 155.  The credit for State death           
          taxes was previously uncontested and has nothing to do with the             
          other computational issues.  We, therefore, deny respondent's               
          motion for leave to amend answer.  The Rule 155 computation                 
          should not include any change to the credit for State death taxes           
          as determined in the notice of deficiency.                                  


                                                  Appropriate orders will             
                                             be issued.                               


          11Respondent recognizes that the actual impact of                           
          respondent's error will probably be far less than this since, as            
          a result of our prior opinion, petitioner's taxable estate will             
          be increased.  To the extent petitioner is obligated to pay                 
          additional State death taxes, it would be entitled to a                     
          substantial amount of the credit already allowed.  See sec. 2011.           




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