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assessed but unpaid interest pursuant to section 6402. This
resulted in the May 13, 2002, refund of $210,467.35, which
consisted of $153,510.41 ($238,847.24 minus $85,336.83) plus
interest on the $153,510.41. Respondent argues that pursuant to
section 6402(a) he is entitled to credit part of the $238,847.24
overpayment against interest that accrued on the unpaid estate
tax for the period before the estate’s $646,325.76 payment on
March 31, 1998. Neither party cites any caselaw to support their
respective positions. Both parties have submitted written
arguments in support of their positions, and both state that they
do not request a hearing on this matter.
The parties stipulated that our decision, that the estate
had an overpayment of $238,847.24, was in accordance with our
opinion in Estate of Smith v. Commissioner, T.C. Memo. 2001-303.
The decision was affirmed by the Court of Appeals for the Fifth
Circuit. See Estate of Smith v. Commissioner, 54 Fed. Appx. 413
(5th Cir. 2002). Both parties agree that our opinion and
decision are now final. Respondent, nevertheless, argues that he
was entitled to refund less than the $238,847.24 overpayment
amount, by applying $85,336.83 of that overpayment amount to
assessed and unpaid underpayment interest which apparently he did
not factor into his computation of the overpayment amount that is
in our final decision. We must first decide whether the amount
of an “overpayment” must include consideration of any
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