Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 12

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          Estate Tax Regs., disallows a deduction that is "taken upon the             
          basis of a vague or uncertain estimate."                                    
               Petitioner argues that it is entitled to a deduction                   
          pursuant to section 2053(a)(3) for the entire amount reported on            
          the estate tax return.  Petitioner relies upon Ithaca Trust Co.             
          v. United States, 279 U.S. 151, 155 (1929), in which the Supreme            
          Court ruled that for purposes of determining the value of the               
          deduction for a charitable remainder, a life tenant's premature             
          death could not be substituted for the actuarial computation of             
          the life tenant's life expectancy as of the date of the                     
          decedent's death.  The Supreme Court stated that "The estate so             
          far as may be is settled as of the date of the testator's death."           
          Id.  Petitioner contends that the Supreme Court's rationale in              
          Ithaca Trust supports petitioner's position in the instant case.            
               In Estate of Van Horne v. Commissioner, 78 T.C. 728, 733-738           
          (1982), affd. 720 F.2d 1114 (9th Cir. 1983), we reviewed the case           
          law in this area and determined that the principle articulated in           
          Ithaca Trust is generally applicable in cases involving the                 
          valuation of a claim that is valid and fully enforceable on the             
          date of the decedent's death.  See Estate of Kyle v.                        
          Commissioner, 94 T.C. 829, 848-851 (1990).8  On the other hand,             

               8In Estate of Kyle v. Commissioner, 94 T.C. 829, 849 (1990),           
          and Estate of Van Horne v. Commissioner, 78 T.C. 728, 736-737               
          (1982), affd. 720 F.2d 1114 (9th Cir. 1983), we reviewed the case           
          law in this area and noted that all the cases dealing with                  
          postdeath events are not "easily reconciled".  We see no need to            
                                                             (continued...)           




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