Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 22

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          F.2d at 1116-1117.  Moreover, the Court of Appeals acknowledged             
          that "The law is clear that post-death events are relevant when             
          computing the deduction to be taken for disputed or contingent              
          claims."  Propstra v. United States, supra at 1253.                         
               The validity and enforceability of Exxon's claim against               
          decedent in the instant case were uncertain as of the date of her           
          death.  As a result, we hold that petitioner's section 2053(a)(3)           
          deduction in connection therewith is limited to the amount                  
          ultimately paid in settlement of that claim.  Thus, we sustain              
          respondent's determination.13                                               
               The next issue for decision is whether the income tax                  
          benefit derived by petitioner as a result of the application of             
          section 1341(a) is an asset includable in the gross estate.                 
          Section 2031(a) provides that "The value of the gross estate of             
          the decedent shall be determined by including to the extent                 
          provided for in this part, the value at the time of his death of            
          all property, real or personal, tangible or intangible, wherever            
          situated."  Section 2033 provides that "The value of the gross              
          estate shall include the value of all property to the extent of             
          the interest therein of the decedent at the time of his death."             
          In the instant case, the parties have stipulated that all HFU               
          royalties paid to decedent from Exxon for the calendar years 1975           

               13Given our disposition of this issue, we need not consider            
          respondent's alternative argument that petitioner must recognize            
          discharge of indebtedness income pursuant to sec. 61(a)(12) in              
          connection with petitioner's settlement of Exxon's claim.                   




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