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On April 3, 2000, the estate filed a motion to restrain
collection, abate assessment, and refund amounts collected by
respondent. In Estate of Smith v. Commissioner, 115 T.C. 342
(2000), we denied the estate’s motion.
On November 21, 2001, pursuant to the remand from the Court
of Appeals for the Fifth Circuit, we issued another opinion in
this case, again sustaining respondent’s determination of an
estate tax deficiency.3 Estate of Smith v. Commissioner, T.C.
Memo. 2001-303. On January 18, 2002, respondent filed
respondent’s computation for entry of decision along with a
proposed decision. The parties acknowledged that respondent’s
computation was in accordance with our last-mentioned opinion and
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”.
On January 24, 2002, we entered a decision that there was a
$238,847.24 overpayment of estate tax paid after the mailing of
the notice of deficiency.
On May 6, 2002, respondent abated $180,564.04 of the
previously assessed underpayment interest and $238,847.24 of the
previously assessed estate tax. On May 13, 2002, respondent
3 Ultimately, the parties agreed that the estate tax
liability pursuant to the mandate was $385,747.17. Respondent’s
computations submitted under Rule 155 considered this amount in
calculating the estate’s overpayment.
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