- 29 - decedent had previously reported as taxable income. Therefore, at the time of her death, decedent had statutory rights pursuant to section 1341(a) to receive tax benefits based on whatever amount she ultimately had to pay Exxon. Petitioner is entitled to an estate tax deduction in the amount paid to satisfy Exxon's claim, as well as section 1341(a) relief for payment of the same claim. Exxon's claim decreases the estate's assets while the right to section 1341(a) relief increases the estate's assets. Under these circumstances, it would be inappropriate to consider one in the determination of the taxable estate while excluding the other. The amount for which a claim is ultimately settled is evidence of its value. See United States v. Simmons, supra at 218 (finding the amount for which a claim was eventually settled to be "highly indicative" of the value of the claim). In the instant case, there was no evidence introduced to show that the value of the contingent right to section 1341(a) relief at decedent's death was less than the amount that will actually be received. On brief, petitioner confined its argument to whether the contingent right to section 1341(a) relief was or was not an asset includable in the gross estate. Petitioner did not argue that, in the event we find the right to section 1341(a) relief includable in the gross estate, the value of this right for estate tax purposes is anything less than the amount of the benefit ultimately received.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011