Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 35

                                               - 35 -                                                  
                  Not considering any other adjustments, once one takes into                           
            account both our Mueller I opinion on the date-of-death fair                               
            market value of the shares and respondent's allowance of the                               
            credit for tax on prior transfers not claimed on the Federal                               
            estate tax return,9 the parties agree that there is no deficiency                          
            in petitioner’s estate tax; petitioner is in an estate tax                                 
            overpayment posture, whether or not equitable recoupment applies                           
            in this case.  This is because the credit for previously taxed                             
            property that petitioner failed to claim on its estate tax return                          
            and that respondent has allowed (and all agree, properly so)                               
            exceeds the amount of the tentative deficiency resulting from our                          
            valuation of the shares.  And this will be true irrespective of                            
            whether the credit for State death taxes ultimately allowable is                           
            the amount claimed on the estate tax return as filed or the                                
            larger credit that the parties agree would be allowed as a result                          
            of the increase in the tentative deficiency resulting from our                             
            valuation of the shares:10                                                                 
                  Credit for previously taxed property  . . . . .  $1,152,649                          
                  Less:  Agreed reduction in unified                                                   
            credit . . . . . . . . . . . . . . 6,000                                                   
            Deficiency attributable to                                                                 

                  9This credit was for property received by decedent from the                          
            estate of Robert E. Mueller, her stepson.                                                  
                  10It's not clear from the parties' stipulation on this point                         
            whether they've taken into account the partially offsetting                                
            reduction in the credit for State death taxes that would result                            
            from the reduction in estate tax liability arising from the                                
            application of equitable recoupment.  The answer to this question                          
            would have no effect on the outcome.                                                       



Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011