Estate of Algerine Allen Smith - Page 5




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          v. Commissioner, 198 F.3d 515 (1999).  The Court of Appeals held            
          that we had improperly considered the post-death settlement of              
          Exxon’s claim against the estate.  See id. at 526.  The Court of            
          Appeals provided instructions regarding what evidence should be             
          considered for purposes of ascertaining the date-of-death value             
          of the claim against the estate but made no finding as to the               
          correct amount of the claim for purposes of deduction under                 
          section 2053(a)(3) and did not preclude the possibility that the            
          correct amount of the deficiency might be the same as that                  
          determined in our original decision.  See id.                               
                                     Discussion                                       
               The 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.  Petitioner argues that the amount of the                     
          deficiency in our prior decision was disallowed when that                   
          decision was reversed, vacated, and remanded.  We disagree.                 
               Section 7486 provides:                                                 
                    SEC. 7486.  In cases where assessment or collection has           
               not been stayed by the filing of a bond, then 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,              
               without the making of claim therefor, or, if collection has            
               not been made, shall be abated.                                        










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