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issued to the estate a refund check of $210,467.35, consisting of
a $153,510.41 refund for overpayment of estate tax and $56,956.94
in interest on that refunded amount. Respondent computed the
$153,510.41 portion of the refund by subtracting $85,336.83 from
the $238,847.24 overpayment amount in our final decision.4
On November 7, 2002, the Court of Appeals for the Fifth
Circuit affirmed our second decision in Estate of Smith and
entered judgment against the estate. Estate of Smith v.
Commissioner, 54 Fed. Appx. 413 (5th Cir. 2002). The estate did
not file a timely petition for certiorari with the U.S. Supreme
Court, and our second decision thereafter became final. See sec.
7481(a)(2)(A) (providing that Tax Court decisions become final
when petition for certiorari not filed on time); Sup. Ct. R. 13
(providing that petition for certiorari is timely if filed within
90 days of entry of judgment by a U.S. Court of Appeals).
In summary, to make a long story short: when this Court
entered its decision as to the amount of the overpayment in
question, the estate had a liability for assessed and unpaid
underpayment interest. In computing the estate’s overpayment,
respondent omitted this liability. Respondent now argues that he
is entitled to reduce the estate’s overpayment to compensate for
4 According to respondent, the $85,336.83 amount was the
amount of assessed but unpaid underpayment interest. On Oct. 6,
2003, respondent made an additional abatement of $20,341.20 in
underpayment interest and refunded $30,108.47 to the estate.
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