Estate of Delores E. Lasarzig, Deceased, Wells Fargo Bank, Trustee - Page 14




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          remedy that is clearly within the province of Congress.  There              
          has been no case like the present one where:  (1) The parties               
          have resolved the estate tax liability by agreement; (2) no                 
          section 6161 extension is in effect or application pending; (3)             
          no deferred payment under section 6166 is in effect; and (4) the            
          taxpayer seeks an extended delay (up to 20 years) so that a                 
          nonparty (family trusts of beneficiaries) can benefit from                  
          improved market conditions that may or may not occur.                       
               The result in the Estate of Bahr case was distinguished in             
          Estate of Bailly v. Commissioner, 81 T.C. 246 (1983) (Bailly I),            
          where the Court noted that in Estate of Bahr the interest rate              
          was constant, whereas in Bailly I the interest rate fluctuated              
          (from 6 to 20 percent).  Because the amount of interest on an               
          estate tax liability could not be estimated with reasonable                 
          certainty, in Bailly I the estate was not allowed to deduct the             
          estimated or future payments of interest.  In Bailly I, the Court           
          also refused to permit relief to the estate by allowing it to               
          vary from the Commissioner’s procedure of the filing of an                  


               6(...continued)                                                        
          whether to permit an extension under sec. 6161.  In that case,              
          the Court specifically noted that the circumstances were                    
          different from one where the parties had agreed to a stipulated             
          decision, and a 5-year delay was sought and denied.  See Estate             
          of Nevelson v. Commissioner, T.C. Memo. 1996-361.  The Court also           
          noted that “the parties have not agreed to a date to file a                 
          stipulated decision.”  Estate of Wetherington v. Commissioner,              
          supra at 53.                                                                





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