- 27 - In Estate of Curry v. Commissioner, 74 T.C. 540, 544 (1980), the decedent, who was an attorney, executed an agreement with another attorney, which provided that the decedent would receive a stated percentage of any attorney's fees that might be awarded in a list of docketed cases pending before the Indian Claims Commission (Commission). Any award of attorney's fees in these cases was contingent upon an ultimate recovery on behalf of the plaintiffs and would be measured by the extent of the recovery. At the time of the decedent's death, 13 of the cases remained in various unresolved stages of litigation before the Commission. Following the decedent's death, the estate received attorney's fees in connection with this litigation. The Commissioner determined that the contractual right to share in future attorney's fees was an interest in property includable in the decedent's gross estate. In Estate of Curry v. Commissioner, supra at 545, the taxpayer argued that the contingent legal fees were not 18(...continued) After trial, the District Court submitted the issue of valuation to the jury, which found that the claim had no value at the time the decedent died. The Court of Appeals for the Fifth Circuit reversed, holding that there was no rational basis for the jury's finding. The Court of Appeals stated: "When * * * [the decedent] died, his 'property' included the claim for refund of federal income taxes." Id. at 215. The Court of Appeals determined that postdeath facts and circumstances were to be taken into account for purposes of valuing the estate's claim and found the amount for which the claim was eventually settled to be "highly indicative", but not determinative, of such value. Id. at 218.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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