- 24 - On brief, petitioner contends that the gross estate is not increased by the amount of its section 1341(a) relief, because decedent's right to such relief did not exist at the time of her death on November 16, 1990. Petitioner maintains that it was not entitled to any section 1341(a) relief until it repaid Exxon pursuant to the terms of the February 10, 1992, settlement agreement. This agreement was not entered into until almost 15 months after decedent's death. Respondent, on the other hand, argues that petitioner's section 1341(a) relief necessarily augments the gross estate. Neither party has cited, nor have we found, any case law squarely on point. In support of his position, respondent relies on the decision of the District Court for the Eastern District of Michigan in Estate of Good v. United States, 208 F. Supp. 521 (E.D. Mich. 1962). In Estate of Good, the decedent had been overpaid by his employer in salary and expense reimbursements. These amounts were reported by decedent on his income tax returns for the years received. The employer notified the decedent that he would be liable for repayment and filed a claim against the decedent's estate when the decedent died prior to repayment. 15(...continued) 1341(a) relief is limited to the amount paid to settle Exxon's claim against decedent individually; petitioner is not entitled to sec. 1341(a) relief for amounts paid in satisfaction of Exxon's claims against Jessamine and Frankie. The parties also appear to agree that a credit pursuant to sec. 1341(a)(5) would provide petitioner a greater benefit than a deduction under sec. 1341(a)(4).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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