- 21 - 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 havePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011