Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Independent Administrator - Page 14

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               therefor, or, if collection has not been made, shall be                
               abated.                                                                
               This Court has previously interpreted and applied section              
          7486 in circumstances analogous to those presented in the instant           
          case.  In Estate of Smith v. Commissioner, 108 T.C. 412 (1997),             
          revd. 198 F.3d 515 (5th Cir. 1999), this Court sustained the                
          Commissioner’s determination that the taxpayer was liable for an            
          estate tax deficiency.  Like the estate in the present case, the            
          taxpayer in Estate of Smith appealed this Court’s decision but              
          did not file a bond pursuant to section 7485 to stay assessment             
          and collection of the estate tax deficiency during the pendency             
          of its appeal.  As a result, the Commissioner assessed the estate           
          tax deficiency of $564,429.87, plus interest of $410,848.76.                
          After the Commissioner applied credits for an earlier payment and           
          for a separate overpayment of income tax, the taxpayer owed                 
          $265,900.87.  The Commissioner administratively stayed collection           
          of that amount.  On appeal, the Court of Appeals for the Fifth              
          Circuit reversed, vacated, and remanded the case.  Estate of                
          Smith v. Commissioner, 198 F.3d at 532.  Thereafter, while the              
          case was on remand to this Court for further proceedings, the               
          taxpayer filed a motion with this Court seeking an abatement of             
          the assessment (described above) and a refund of amounts                    
          collected by the Commissioner.                                              
               In Estate of Smith v. Commissioner, 115 T.C. 342 (2000), we            
          denied the taxpayer’s motion.  Much of what we said in that case            





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