- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011