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The estate nevertheless contends that the assessments and
lien described above were nullified by the Supreme Court’s
opinion in Ballard v. Commissioner, 544 U.S. 40, 125 S. Ct. 1270
(2005), and this Court’s actions (1) vacating the decisions
entered in the Kanter deficiency cases, (2) striking the Court’s
Memorandum Opinion in Inv. Research Associates, Ltd. v.
Commissioner, T.C. Memo. 1999-407, and (3) reinstating the
Couvillion report. The estate asserts that “the case before the
Court presents the seemingly unprecedented situation in which the
entire legal basis for a lower court ruling has been disallowed
because of an improper process and the ruling itself has been
completely vacated.” Although the Kanter deficiency cases
certainly are in a novel procedural posture, we are not persuaded
that the factors that the estate relies upon require abatement of
the assessments in question or release of the disputed liens.
We agree with respondent that the proper disposition of the
estate’s motion is governed by section 7486, which addresses
assessment and collection of tax deficiencies that have not been
stayed by the filing of an appeal bond. Section 7486 provides:
SEC. 7486. REFUND, CREDIT, OR ABATEMENT OF AMOUNTS
DISALLOWED.
In cases where assessment or collection has not
been stayed by the filing of a bond, then if the amount
of the deficiency determined by the Tax Court is
disallowed in whole or in part by the court of review,
the amount so disallowed shall be credited or refunded
to the taxpayer, without the making of a claim
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