Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 27

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               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.                                                                     




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