Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 3

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          section 1341(a)(5) and (b),3 and (2) whether respondent may now             
          amend the answer to reduce the amount of the credit for State               
          death taxes that was determined in the notice of deficiency.                
          Respondent's Rule 155 computation uses the reduced credit in                
          computing the estate tax deficiency.                                        
               These cases were submitted fully stipulated.  Neither party            
          alleges any factual dispute, and neither party argues that                  
          additional evidence is necessary to resolve the computational               
          dispute.  We shall summarize the relevant facts and our holdings            
          for each of the remaining computational issues.4                            

          Section 1341 Credit                                                         

               In 1970, decedent and her two aunts, Jessamine and Frankie             
          Allen, entered into oil and gas leases from which they derived              
          royalties during the years 1975 through 1980.  Jessamine and                
          Frankie Allen died in 1979 and 1989, respectively, and decedent             
          served as the independent executrix of both their estates.  Upon            
          Jessamine's death, decedent inherited a portion of Jessamine's              
          interest in the leased property.  Upon Frankie's death, decedent            
          inherited all of Frankie's interest in the leased property,                 
          including the remaining portion of Jessamine's interest which               
          Frankie had previously inherited.                                           

          3The amount of the resulting overpayment will be                            
          determinative of the amount of a corresponding asset for estate             
          tax purposes.                                                               
          4A more complete statement of facts is contained in our                     
          previous opinion.                                                           




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