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Moreover, in enforcing our decision of an overpayment under
section 6512(b)(2), we are not restraining or reviewing any
credit or reduction made by respondent under section 6402.
Instead, we are simply enforcing our decision that the estate has
made an overpayment of tax. Because underpayment interest that
is properly due must be considered in determining the amount of
an overpayment, it follows that we have jurisdiction to order a
refund of the overpayment consistent with our decision and not
reduced by underpayment interest that has already been factored
into our decision.
Inasmuch as the underpayment interest in question had
already been computed and assessed when we entered our
overpayment decision, there is no compelling practical reason why
the underpayment interest should not have been included in the
overpayment calculation. Indeed, in computing the estate’s
estate tax liability, respondent had allowed the underpayment
interest as a section 2053 estate tax deduction. To be
consistent, the overpayment computation should include
consideration of this assessed underpayment interest, as the
majority opinion holds.
Confining the Majority Opinion Holding to Its Facts
Properly confined to its procedural and factual context,
then, and notwithstanding some rather open-ended language in the
majority opinion, its holding is that the assessed underpayment
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