- 14 - 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 casePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011