108 T.C. No. 20 UNITED STATES TAX COURT ESTATE OF ALGERINE ALLEN SMITH, DECEASED, JAMES ALLEN SMITH, EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 19200-94, 3976-95. Filed June 4, 1997. During 1975 through 1980, decedent received royalties from Exxon, which she reported as income. In 1983, Exxon was ordered to make restitution for overcharging its customers. Exxon made restitution and in 1988 filed suit in District Court against decedent and other royalty interest owners for reimbursement of the portion of the royalties attributable to Exxon's overcharges. Decedent contested Exxon's claim. Decedent died on Nov. 16, 1990. On Feb. 15, 1991, the District Court determined that the royalty interest owners were liable to Exxon for restitution of the portion of royalties based on Exxon's overcharges. The District Court referred the calculation of the amount of this liability to a special master. In April 1991, Exxon claimed that P owed a total of $2,482,719. On its Federal estate tax return, filed July 12, 1991, P claimed a deduction for $2,482,719 pursuant to sec. 2053(a)(3), I.R.C. On Feb. 10, 1992, P and ExxonPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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