Estate of Algerine Allen Smith - Page 1

                                   115 T.C. No. 27                                    

                               UNITED STATES TAX COURT                                

                               EXECUTOR, Petitioner v.                                
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket Nos. 19200-94, 3976-95.       Filed October 18, 2000.           

                    In a prior opinion, we determined that there was a                
               deficiency in estate tax.  P filed a timely notice of                  
               appeal but did not file a bond to stay assessment or                   
               collection during the pendency of the appeal.  R                       
               assessed the deficiency in estate tax, and P paid a                    
               portion of the amount assessed.  The Court of Appeals                  
               reversed, vacated, and remanded for further                            
               proceedings.  The Court of Appeals opinion did not                     
               preclude the possibility that further proceedings in                   
               this Court might result in an estate tax deficiency in                 
               the same amount that was previously decided.  P filed a                
               Motion To Restrain Collection, Abate Assessment, And                   
               Order A Refund Of Amount Collected.  P’s motion is                     
               based on sec. 7486, I.R.C.                                             
                    Held:  Sec. 7486, I.R.C., provides that “if the                   
               amount of the deficiency determined by the Tax Court is                
               disallowed in whole or in part by the court of review,                 
               the amount so disallowed shall be credited or refunded                 

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