110 T.C. No. 2 UNITED STATES TAX COURT ESTATE OF ALGERINE ALLEN SMITH, DECEASED, JAMES ALLEN SMITH, EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent* Docket Nos. 19200-94, 3976-95. Filed January 12, 1998. P (decedent's estate) settled and paid claims that were based in part on excessive royalties that had been paid to and reported by decedent in prior years. In our previous opinion in these cases, we held that P was entitled to an overpayment of income tax pursuant to application of sec. 1341, I.R.C., and that such overpayment was includable in the taxable estate. Estate of Smith v. Commissioner, 108 T.C. 412 (1997). The parties now disagree on the method of calculating the overpayment. R also seeks to amend the answer in order to decrease the credit for State death taxes that was previously allowed in the estate tax notice of deficiency. Held: Relief under sec. 1341, I.R.C., is restricted to the portion of P's settlement payments that represents items of income that were previously included in decedent's income. *This opinion supplements our opinion in Estate of Smith v. Commissioner, 108 T.C. 412 (1997).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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