- 13 -13 Respondent simply ignores the admission rather than seeking to be relieved of it. The Court of Appeals for the Fifth Circuit has also dealt with this issue; it acknowledges that a compromise of an heir's claim against an estate can resemble an exchange. However, that Court of Appeals concludes that a dual purpose does not disqualify a compromise from the application of Lyeth v. Hoey, 305 U.S. 188 (1938): But all compromises, and therefore all transactions within the potential ambit of Lyeth v. Hoey, are in some measure exchanges. * * * we have concluded that so long as the settlement is in substantial measure to resolve an underlying and disputed claim based upon a purported gift, bequest, inheritance or the like, what is received in settlement must be characterized, for tax purposes, by the nature of the underlying and disputed claim resolved. Thus, in circumstances such as those presented by this record, where the rationale of Lyeth is implicated but where, in addition, the transaction resembles a sale or exchange of property, we think that Lyeth governs unless it may be said that the circumstances surrounding the transaction fairly exclude the possibility that the exchange is in reality a compromise of an underlying and controverted claim such as one of gift, bequest or inheritance. [Early v. Commissioner, 445 F.2d 166, 169-170 (5th Cir. 1971), revg. 52 T.C. 560 (1969); fn. ref. omitted; emphasis added.] As stated above, there is evidence to support the existence of a "controverted claim". Consequently, we cannot "exclude the possibility that the exchange is in reality a compromise of an underlying and controverted claim". Respondent has admitted in the answer that the arrangement was entered into as a substitutePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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