- 2 - entered into a settlement agreement, which resolved Exxon's claim for a total amount of $681,839. R determined that P's sec. 2053(a)(3), I.R.C., deduction was limited to $681,839. As a result of paying Exxon an amount that decedent had previously reported as income, P is entitled to tax relief pursuant to the provisions of sec. 1341(a), I.R.C. R determined that the income tax benefit derived by P through application of sec. 1341(a), I.R.C., was an asset includable in the gross estate. Held: Exxon's claim against decedent was uncertain and unenforceable as of the date of decedent's death. P's deduction pursuant to sec. 2053(a)(3), I.R.C., is limited to the amount paid in settlement of the claim. Held, further: The income tax benefit derived by P as a result of the application of sec. 1341(a), I.R.C., is an asset includable in the gross estate. P's deduction pursuant to sec. 2053(a)(3), I.R.C., of its liability to Exxon and its sec. 1341(a), I.R.C., relief based on payment of that liability are so inextricably linked that it would be inappropriate to consider one in the determination of the taxable estate while excluding the other. Michael C. Riddle and Harold A. Chamberlain, for petitioner. Carol Bingham McClure, for respondent. OPINION RUWE, Judge: In docket No. 19200-94, respondent determined an estate tax deficiency of $663,785 and an accuracy-related penalty under section 6662(a)1 in the amount of $132,785.2 In 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect as of the date of decedent's death, and all Rule references are to the Tax Court Rules of (continued...)Page: Previous 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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