Estate of Algerine Allen Smith - Page 2




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               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.                                                     




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Last modified: May 25, 2011