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CHABOT, J., concurring: I join in the majority opinion, and
write separately merely to note a few additional considerations
in support of the majority opinion’s analysis and conclusions.
I. Treasury Regulations
Respondent argues that only those expenses which are
reported on the estate tax return may be deducted from the gross
estate in computing the amount of the underpayment.
Correspondingly, respondent further argues that expenses which
arise after the filing of the tax return may not be used to
reduce the underpayment of the estate tax.
However, section 2053(a), in determining the value of the
taxable estate, permits the deduction of claims against the
estate which are allowable by applicable State laws. There are
some types of claims whose effect on the decedent’s estate must
necessarily be determined by subsequent events, such as those
claims which require further action before they become a fixed
obligation of the estate. See cases discussed in Estate of Smith
v. Commissioner, 108 T.C. 412, 418-419 (1997), supplemented by
110 T.C. 12 (1998); Estate of Kyle v. Commissioner, 94 T.C. 829,
848-851 (1990); Estate of Sachs v. Commissioner, 88 T.C. 769,
779-783 (1987), affd. in part and revd. in part 856 F.2d 1158,
1162-1163 (8th Cir. 1988); Estate of Van Horne v. Commissioner,
78 T.C. 728, 735-738 (1982), affd. 720 F.2d 1114 (9th Cir. 1983).
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