Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 4

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          remitted a $646,325.76 payment (advance payment).  Respondent               
          also credited the estate’s estate tax liability with a 1992                 
          income tax overpayment of $63,052.  On May 12, 1998, respondent             
          made a “quick assessment” of estate tax of $564,429.87 and                  
          deficiency interest thereon of $410,848.76.                                 
               On January 18, 2002, after our most recent opinion in this             
          case, respondent filed respondent’s computation for entry of                
          decision (respondent’s computation) along with a proposed                   
          decision.  Counsel for both parties acknowledged that                       
          respondent’s computation was in accordance with our opinion in              
          Estate of Smith v. Commissioner, T.C. Memo. 2001-303, affd. 54              
          Fed. Appx. 413 (5th Cir. 2002).  Based on that computation, the             
          parties stipulated that we should enter a decision “that there is           
          an overpayment in estate tax in the amount of $238,847.24, which            
          amount was paid after the mailing of the notice of deficiency”.3            


               3The agreed computations were prepared pursuant to Rule                
          155(a), which states:                                                       
               Where the Court has filed or stated its opinion                        
               determining the issues in a case, it may withhold entry                
               of its decision for the purpose of permitting the                      
               parties to submit computations pursuant to the Court’s                 
               determination of the issues, showing the correct amount                
               of the deficiency, liability, or overpayment to be                     
               entered as the decision.  If the parties are in                        
               agreement as to the amount of the deficiency or                        
               overpayment to be entered as the decision pursuant to                  
               the findings and conclusions of the Court, then they,                  
               or either of them, shall file promptly with the Court                  
               an original and two copies of a computation showing the                
               amount of the deficiency, liability, or overpayment and                
                                                             (continued...)           




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