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includable in the gross estate, because the decedent was not
entitled to any fees at the time of his death; i.e., any fees
were contingent upon events that had not yet occurred as of the
date of death. We explained:
The fact that the legal fees we are concerned with were
contingent upon future recovery * * * is a critical
consideration in trying to determine what the contract
right was worth as of the date of death. However, the
contingent nature of the contract right must bear on
the factual question of valuation. It cannot, as a
matter of law, preclude the inclusion of the interest
in the decedent's gross estate or command that the
value be fixed at zero. Although uncertainty as to the
value of a contract right may postpone the inclusion of
the income until it is actually realized for income tax
purposes, for estate tax purposes, the value of an
asset must be determined in order to close the estate.
* * * [Id. at 546-547.]
This analysis is equally applicable to a contingent statutory
right to relief under section 1341(a). In the instant case, the
right to section 1341(a) relief was contingent at the date of
decedent's death. The contingency centered on decedent's dispute
over Exxon's claim. However, the fact that this right to relief
was contingent does not prevent its inclusion in the gross
estate. See United States v. Simmons, 346 F.2d 213, 215 (5th
Cir. 1965); Estate of Curry v. Commissioner, supra at 545-547.
The facts giving rise to petitioner's section 2053(a)(3)
deduction and its right to section 1341(a) relief are
inextricably linked. At the time of decedent's death, Exxon was
claiming that decedent was obligated to repay royalties, which
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