Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 21

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            respondent's concession in the notice of deficiency of the credit                          
            for tax on prior transfers that petitioner had failed to claim on                          
            the estate tax return with (2) the valuation of the shares at an                           
            amount that resulted in an overpayment rather than a deficiency.                           
                  The relevant circumstances may be briefly summarized.  For                           
            estate tax purposes, the estate valued the shares in issue at                              
            $1,505 each.  Shortly after decedent's death, the Administration                           
            Trust sold those shares for $2,150 each, computing the gain                                
            realized on the sale using a basis of $1,500 per share, which was                          
            approximately the value claimed for estate tax purposes.                                   
            Respondent determined that each share was worth $2,150.  In                                
            Estate of Mueller v. Commissioner, T.C. Memo. 1992-284, we found                           
            the value of each share to be $1,700 for estate tax purposes.                              
            Accordingly, the estate underpaid its estate tax by $957,099 as a                          
            result of the undervaluation.  However, because the Trust used                             
            $1,500 as the basis of the shares to compute the gain on the                               
            sale, the Trust paid $265,999 more in income tax on the sale of                            
            the shares than it would have if the proper basis of $1,700 per                            
            share had been used.  The period of limitations for claiming a                             
            refund of that overpayment of income tax had expired.  In the                              
            notice, respondent allowed the estate a $1,152,649 credit for tax                          
            on prior transfers to which it was entitled but had not claimed                            
            on its estate tax return.  The credit was completely unrelated to                          
            the issue of the valuation of the shares.  If we had sustained                             
            respondent's valuation of the shares, a deficiency would have                              




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