Estate of Algerine Allen Smith - Page 4




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          which was an estimate of the estate tax deficiency and interest.4           
               On April 10, 1998, the estate filed a timely notice of                 
          appeal.  The estate did not file a bond pursuant to section 74855           
          in order to stay the assessment or collection of the deficiency             
          during the pendency of the appeal.  On May 12, 1998, respondent             
          assessed an estate tax deficiency in the amount of $564,429.87              
          plus interest in the amount of $410,848.76.  Respondent gave the            
          estate credit for the March 31, 1998, payment of $646,325.76 and            
          also gave the estate credit for an overpayment of income tax                
          determined in docket No. 3976-95 in the amount of $63,052,                  
          resulting in a balance due of $265,900.87.  Collection of the               
          balance due was administratively stayed during the pendency of              
          the estate’s appeal.6                                                       
               On December 15, 1999, the Court of Appeals for the Fifth               
          Circuit reversed, vacated, and remanded for further proceedings             
          with respect to the estate tax deficiency.  See Estate of Smith             


               4Respondent’s Appeals Office estimated this amount.  As                
          part of the estimate, respondent allowed a deduction from the               
          estate for estimated interest which would be due on the                     
          deficiency determined, as of a hypothetical date of payment of              
          Mar. 31, 1998.                                                              
               5Sec. 7485(a) provides that the appeal of a decision of this           
          Court does not operate as a stay of assessment or collection of             
          any portion of a deficiency unless a bond is filed by the                   
          taxpayer.                                                                   
               6Respondent has represented that collection of the unpaid              
          assessment remains administratively stayed and that no collection           
          activity is currently taking place.                                         





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