Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 14

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          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.                                                  






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