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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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