Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 51

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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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