- 57 - GOEKE, J., dissenting: The opinion adopted today reaches an unjust result, reasoning that the principle of finality requires that result. The estate and respondent entered into agreed Rule 155 computations and submitted the computations to this Court with a suggested decision document. The agreed computations clearly treat the overpayment of tax as an amount separate from the interest owed by the estate. In arriving at the overpayment amount of $238,847.24, the parties simply subtracted the estate’s tax liability ($385,747.17) from its payments that were applied to the tax liability ($624,594.41). Indeed, the agreed computations include a chart that lists tax in one column, and interest in a separate column. See majority op. p. 6. These computations reveal the parties’ intent not to include interest in the overpayment amount. It is obvious from the computations that the separate treatment of interest and tax was not an accident. Included in the parties’ agreed computations is the following information: Total interest due . . . . . . . . $209,943.541 Interest paid . . . . . . . . . . -$144,947.89 Interest not paid for which the estate was given a deduction . . $64,995.65 1 The amount of total interest due was determined in reference to the estate’s tax liability of $385,747.17. The estate is provided an interest deduction for interest on its estate tax deficiency in the agreed computations, but the overpayment computation does not take into account that interest.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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