Estate of Smith v. Comm'r

123 T.C. No. 2, 123 T.C. 15, 2004 U.S. Tax Ct. LEXIS 26
CourtUnited States Tax Court
DecidedJuly 13, 2004
DocketNo. 19200-94
StatusPublished
Cited by18 cases

This text of 123 T.C. No. 2 (Estate of Smith v. Comm'r) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Smith v. Comm'r, 123 T.C. No. 2, 123 T.C. 15, 2004 U.S. Tax Ct. LEXIS 26 (tax 2004).

Opinions

OPINION

Ruwe, Judge:

This matter is before the Court pursuant to the estate’s motion for proceeding to enforce overpayment determination pursuant to Rule 260.1 Our jurisdiction to grant such relief is conferred by section 6512(b)(2).

Background

In 1994, respondent issued a notice of deficiency determining an estate tax deficiency of $663,785 and an accuracy-related penalty under section 6662(a) of $132,785. The estate filed its petition with this Court seeking redetermination of the deficiency. In March 1998, after our first Opinion and decision that there was a deficiency of $564,429.87, the estate paid $646,325.76 with respect to its estate tax. Our first decision was appealed and never became final. After many years of litigation,2 we entered a decision on January 24, 2002, that is now final. In our decision, we determined that the estate was due an “overpayment in estate tax in the amount of $238,847.24, which amount was paid after the mailing of the notice of deficiency”.

Pertinent Dates and Information

Decedent died on November 16, 1990. The estate filed the estate tax return on July 12, 1991, and included with it a payment of $60,164.54, which was the tax liability reported on the return. On March 31, 1998, after our initial decision that there was a deficiency in the amount of $564,429.87, the estate remitted a $646,325.76 payment (advance payment). Respondent also credited the estate’s estate tax liability with a 1992 income tax overpayment of $63,052. On May 12, 1998, respondent made a “quick assessment” of estate tax of $564,429.87 and deficiency interest thereon of $410,848.76.

On January 18, 2002, after our most recent opinion in this case, respondent filed respondent’s computation for entry of decision (respondent’s computation) along with a proposed decision. Counsel for both parties acknowledged that respondent’s computation was in accordance with our opinion in Estate of Smith v. Commissioner, T.C. Memo. 2001-303, affd. 54 Fed. Appx. 413 (5th Cir. 2002). Based on that computation, the parties stipulated that we should enter a decision “that there is an overpayment in estate tax in the amount of $238,847.24, which amount was paid after the mailing of the notice of deficiency”.3

On January 24, 2002, we entered our decision that there was a $238,847.24 overpayment of estate tax paid after the mailing of the notice of deficiency and that there was no penalty due from the estate under section 6662(a). That decision was appealed and affirmed and is now final. Sec. 7481(a).

Respondent’s computation contained the following documents:

(1) Respondent’s computation statement, the pertinent information of which is listed as follows:

Tax assessed and paid $624,594.41
Payments:
July 12, 1991 $60,164.54
Apr. 15, 1993 63,052.00
Mar. 31, 1998 501,377.87
Total payments 624,594.41
Tax liability pursuant to mandate 385,747.17
Overpayment 238,847.24
Penalty sec. 6662(a) - - - None

(2) Form 3614-A, Estate Tax, which recomputed in detail the estate’s estate tax liability;

(3) Form 6180, Line Adjustment — Estate Tax, which recomputed in detail decedent’s taxable estate;

(4) a detailed interest calculation which determined the estate’s total Federal deficiency interest deduction as $209,943.54; and

(5) Form 3623, Statement of Account. For simplicity, the following table is an extraction of the information therein contained:

Tax Interest
Revised liability $385,747.17
Assessment (tax on return) 60,164.54
Tax Court assessment (5/12/98) 564.429.87 $410,848.76
Total assessments 624,594.41
Decrease in assessment Revised liability (238,847.24) 385,747.17
Payments:
Payment with return (7/12/91) 60,164.54
Credit transfer 1992 (4/15/93) 63,052.00
Advance payment1 (3/31/98) 501.377.87 144,947.89
Total payments 624,594.41
Overpayment (238,847.24)

The interest referred to in this document is interest on the underpayment of tax that accrued prior to the estate’s payment of $646,325.76 on March 31, 1998. Hereafter, we refer to interest accrued during that period as underpayment interest. See Sunoco, Inc. & Subs. v. Commissioner, 122 T.C. 88 (2004).

On May 6, 2002, after our final decision, respondent abated $180,564.04 of the previously assessed underpayment interest and $238,847.24 of the previously assessed estate tax. On May 13, 2002, respondent issued to the estate a refund check of $210,467.35, consisting of a $153,510.41 refund for overpayment of estate tax and $56,956.94 in interest on that refunded amount. Respondent computed the $153,510.41 portion of the refund by subtracting $85,336.83 from the $238,847.24 overpayment amount in our final decision. According to respondent, the $85,336.83 was the amount of assessed but unpaid underpayment interest. On October 6, 2003, respondent abated $20,341.20 in underpayment interest. On October 6, 2003, respondent refunded $30,108.47 to the estate.4

Discussion

In its motion, the estate argues that the amount refunded by respondent, $210,467.35 ($153,510.41 in overpaid estate taxes and $56,956.94 in interest on that amount) was incorrect. It is the estate’s position that since this Court entered a decision that there was a $238,847.24 overpayment, it is this amount, plus interest thereon, which should be refunded to the estate. Accordingly, the estate seeks $85,336.83, the difference between $238,847.24 and $153,510.41, plus interest thereon.5 We ordered respondent to respond to the motion.

In response, respondent argues that at the time the Court’s decision became final, the estate owed assessed and unpaid underpayment interest of $85,336.83. Respondent acknowledges that the estate’s total payments exceed both the tax and interest regarding the estate tax liability but bases his argument on the allocations of the payments that respondent made between tax and interest. Respondent argues that he had originally, before the final decision, assessed underpayment interest in the amount of $410,848.76 and allocated $144,947.89 (from the $646,325.76 March 31, 1998, advance payment) to that underpayment interest. On the basis of the final decision, respondent explains that he abated $180,564.04 in underpayment interest.

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Bluebook (online)
123 T.C. No. 2, 123 T.C. 15, 2004 U.S. Tax Ct. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-smith-v-commr-tax-2004.