Estate of Stella Adler Wilson - Page 1

                                  T.C. Memo. 1999-221                                 

                               UNITED STATES TAX COURT                                

                      ESTATE OF STELLA ADLER WILSON, DECEASED,                        
                     ELEANOR SHELDON, EXECUTRIX, Petitioner v.                        
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 47120-86.                                                   

                    D made a voluntary payment on Dec. 31, 1986, part of              
               which satisfied the entire income tax deficiency as                    
               reflected in the deficiency notice for her taxable year                
               1980.  More than 5 years later, the IRS reallocated a                  
               portion of the deficiency payment to other taxable years as            
               to which there were outstanding assessments.  The balance of           
               D's Dec. 31, 1986, payment equaled accrued interest on the             
               1980 income tax deficiency.  The IRS treated this amount on            
               its records as a "designated interest payment".  On Mar. 9,            
               1998, P, D's executor, made a voluntary payment in the                 
               amount of $30,000 which was designated to the taxable year             
               1980 and the 2 succeeding years.  P contends that there is             
               an overpayment of Federal income tax for the taxable year              
               1980 in the amount of $30,000 due to unauthorized                      
               reallocations of D's voluntary "designated" payment of tax             
               in 1986.                                                               

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