- 14 - claim for a sum certain legally enforceable at the date of the decedent's death, the claim was potential, unmatured, contested, or contingent at the date of the decedent's death." Id. As a result, we concluded that postdeath events--i.e., the future settlements of the claims--had to be taken into account in determining the proper amounts of the deductions to which the estate was entitled. In Estate of Taylor v. Commissioner, 39 T.C. at 372, a husband and wife had entered into a separation agreement requiring the husband to pay $500 a month to his wife for her life or until she remarried. Upon the husband's death, the wife made a demand upon the executors for continuation of the monthly payments. The estate refused the wife's claim on the ground that it was the intention of the parties to the separation agreement that the payments would cease with the death of the husband. While the matter was in litigation, the estate took a deduction of $95,982 on its Federal estate tax return, which represented the present value of the wife's right to receive $500 monthly until she died or remarried. The following year the wife remarried, and approximately 2 years thereafter, the Supreme Judicial Court of Massachusetts ruled that the estate was liable for payments for the period up to the wife's remarriage. Pursuant to this decree, the estate paid to the wife $12,500 in satisfaction of her claim.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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