- 2 - to the taxpayer”. Where a Court of Appeals reverses and remands for further proceedings without indicating that an ascertainable “amount” of the previously determined deficiency cannot be properly assessed on remand, no part of the amount of the previously determined deficiency has been disallowed for purposes of sec. 7486, I.R.C. P’s motion is denied. Harold A. Chamberlain, for petitioner. Carol Bingham McClure, for respondent. OPINION RUWE, Judge: This case is before the Court on the estate’s motion to restrain collection, abate assessment, and refund amounts collected by respondent. Section 7486 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 to the taxpayer”. The sole issue for decision is whether the amount of the deficiency previously determined by this Court was disallowed in whole or in part by the court of review, within the meaning of section 7486,1 when the Court of Appeals reversed, vacated, and remanded. 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect as of the date of decedent’s death, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011