Estate of Glenn G. Forgey - Page 8




                                        - 8 -                                         
               Respondent contends that no statutory deficiency exists,               
          given that the deficiency procedures and the parties’ settlement            
          resulted in an overassessment.  The estate contends otherwise.              
          The estate’s argument is essentially that, but for the                      
          “fortuitous accrual of interest”, the taxable estate would have             
          increased by $333,91911 as a result of the deficiency procedures            
          and the parties’ settlement.  The estate treats the tax                     
          attributable to this figure as the deficiency, ignoring the                 
          interest expense deduction in this context on grounds that the              
          interest accrual occurred “independent of the deficiency                    
          process”.                                                                   
               The estate’s argument as to the existence of a deficiency              
          must be rejected as it ignores the statutory definition.  Section           
          6211(a) defines a deficiency as:                                            
               the amount by which the tax imposed * * * exceeds the                  
               excess of–                                                             
                    (1) the sum of                                                    
                         (A) the amount shown as tax by the taxpayer                  
                    upon his return * * * plus                                        
                         (B) the amounts previously assessed * * * as                 
                    a deficiency, over–                                               
                    (2) the amount of rebates * * * made.                             
          This case involves no rebates.  Furthermore, respondent has not             
          previously assessed any amounts as a deficiency.  Accordingly,              

               11  The $333,919 figure ignores an increase of $1,567 in               
          deductions claimed by the estate on the estate tax return that              
          was allowed by respondent in the notice of deficiency.  The                 
          proper figure therefore should be $332,352.                                 



Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011