Estate of Delores E. Lasarzig, Deceased, Wells Fargo Bank, Trustee - Page 15




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          amended estate tax return and claiming a refund, ostensibly in              
          another Federal tax forum.                                                  
               The Bailly estate moved for reconsideration of the holding             
          in Bailly I, seeking to have this Court defer entry of a decision           
          so as to permit payments under section 6166 and, after the                  
          payments were completed, to then enter a decision reflecting the            
          interest that had been paid.  In Estate of Bailly v.                        
          Commissioner, 81 T.C. 949 (1983) (Bailly II), the relief was                
          granted to the estate, in that it was held that the entry of                
          decision was to be postponed or deferred until the final                    
          installment of tax was due or paid, whichever occurred first.  An           
          unpaid estate tax liability and its deferral are not elements               
          present in the circumstances presently before the Court.  It is             
          noted that in Bailly II the Commissioner had no objection to the            
          delay in entry of decision until the taxpayer completed the                 
          payments under section 6166.  The Court in Bailly II expressed              
          concerns about inconvenience, hardship, and administrative                  
          expense to the Court and the parties, suggesting that a                     
          legislative solution was needed.  After the issuance of the                 
          Bailly II opinion, Congress enacted section 7481(d), which,                 
          effectively, permits this Court to reopen section 6166 cases to             
          consider interest issues after a decision has been entered.                 
               Subsequently, in Estate of Wetherington v. Commissioner, 108           
          T.C. 49 (1997), the practice of delaying entry of decision was              





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