- 55 - estate is being administered". Sec. 2053(a). Claims are deductible if they are based on the personal obligation of the decedent at the time of his or her death. Sec. 20.2053-4, Estate Tax Regs. A liability arising out of tort is an example of a claim that is deductible under section 2053(a). The issue here is whether Ms. Trompeter had a valid claim against the estate under California law. We begin our inquiry by looking at the proceeding in the superior court, which culminated in that court's entering a consent decree in favor of Ms. Trompeter. Section 20.2053-1(b)(2), Estate Tax Regs., provides that a consent decree before a local court will be accepted as a basis for an estate tax deduction. Section 20.2053-1(b)(2), Estate Tax Regs. further provides that: The decision of a local court as to the amount and allowability under local law of a claim or administration expense will ordinarily be accepted if the court passes upon the facts upon which deductibility depends * * * However * * * It must appear that the Court actually passed upon the merits of the claim. This will be presumed in all cases of an active and genuine contest. * * * As noted by the Court of Appeals for the Ninth Circuit, "an order of a state Court that adversely affects the tax right of the United States and which is based upon a nonadversary proceeding, does not foreclose the federal courts from [independently] determining the tax liabilities". Wolfsen v. Smyth, 223 F.2d 111, 113-114 (9th Cir. 1955) (quoting Newman v. Commissioner, 222 F.2d 131, 136 (9th Cir. 1955), affg. 19 T.C. 708 (1953)); seePage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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