- 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