- 9 - There is nothing in the record to indicate how much of Exxon's claim related to excess royalties paid to Jessamine or her estate, and respondent does not factor this into respondent's computation. Since it appears likely that some part of the claim against decedent was attributable to royalties paid to Jessamine or her estate, respondent's decision not to allocate any portion of the settlement to Jessamine works in petitioner's favor.7 Respondent's computation uses Exxon's allocation of its claims as between decedent and Frankie, which, as previously stated, attributes to decedent 24 percent of the excess royalty claims against decedent and Frankie. Under these circumstances, we find that 24 percent is the most appropriate percentage for purposes of determining the portion of the settlement that is available for purposes of computing petitioner's section 1341 relief. While we reject petitioner's argument that the entire $681,840 is available to adjust decedent's previously reported income, we also reject part of the computational method proposed by respondent. Respondent's Rule 155 computation seems to assume that decedent received royalties in excess of what she reported for the years 1975 through 1980. This assumption is based on unexplained allegations made by Exxon in its lawsuit. Relying on Exxon's apparent claim that it paid more royalties to decedent than she reported, respondent's computation reduces the portion 7Respondent's counsel explained that there was no information upon which to allocate any of Exxon's claims to royalties paid to Jessamine or her estate.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011