ESTATE OF SMITH v. COMMISSIONER

Docket Nos. 19200-94, 3976-95.

115 T.C. 342 (2000)

ESTATE OF ALGERINE ALLEN SMITH, DECEASED, JAMES ALLEN SMITH, EXECUTOR, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed October 18, 2000.


Attorney(s) appearing for the Case

Harold A. Chamberlain, for petitioner.

Carol Bingham McClure, for respondent.


OPINION

RUWE, Judge:

This case is before the Court on the estate's motion to restrain collection, abate assessment, and refund amounts collected by respondent. Section 7486 provides that "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". The sole issue for decision is whether the amount of the deficiency previously...

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