Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 1

                                   108 T.C. No. 20                                    


                               UNITED STATES TAX COURT                                

            ESTATE OF ALGERINE ALLEN SMITH, DECEASED, JAMES ALLEN SMITH,              
              EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE,               
                                     Respondent                                       


               Docket Nos. 19200-94, 3976-95.           Filed June 4, 1997.           


                    During 1975 through 1980, decedent received                       
               royalties from Exxon, which she reported as income.  In                
               1983, Exxon was ordered to make restitution for                        
               overcharging its customers.  Exxon made restitution and                
               in 1988 filed suit in District Court against decedent                  
               and other royalty interest owners for reimbursement of                 
               the portion of the royalties attributable to Exxon's                   
               overcharges.  Decedent contested Exxon's claim.                        
                    Decedent died on Nov. 16, 1990.  On Feb. 15, 1991,                
               the District Court determined that the royalty interest                
               owners were liable to Exxon for restitution of the                     
               portion of royalties based on Exxon's overcharges.  The                
               District Court referred the calculation of the amount                  
               of this liability to a special master.  In April 1991,                 
               Exxon claimed that P owed a total of $2,482,719.  On                   
               its Federal estate tax return, filed July 12, 1991, P                  
               claimed a deduction for $2,482,719 pursuant to sec.                    
               2053(a)(3), I.R.C.  On Feb. 10, 1992, P and Exxon                      





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