4
as part of decedent's taxable estate. The estate tax return
itself accordingly did not disclose any such information with
respect to these items.
Harry Williamson died on September 11, 1990. Thereafter,
petitioner and Mr. Williamson's estate agreed to a settlement of
petitioner's community property claim, and the probate court
order approving the settlement was entered on January 14, 1991.
Pursuant to that settlement, petitioner received from Harry
Williamson's estate cash and real property valued at $3,604,750.
A final inventory showing the property and valuation thereof was
received September 16, 1991.
Respondent issued a notice of deficiency to petitioner on
account of decedent's Federal estate tax dated September 21,
1994. In that statutory notice, respondent correctly determined
that the value of decedent's gross estate exceeded in amount 25
percent of the gross estate stated in decedent's estate tax
return, which was $30,231.81. Petitioner thereafter duly brought
the present action in this Court, challenging respondent's
determination on the merits and also alleging that respondent's
determination was invalid because it was not issued within 3
years from the time the estate tax return herein was filed.1
Respondent's answer herein asserts that the assets omitted from
the gross estate in the estate tax return filed by petitioner are
1 An affirmative defense, the statute of limitations issue
was properly raised in the petition under Rule 39.
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