- 18 - lis pendens on the underlying leases. To support his position, each party proffered the testimony of expert witnesses. We will not, however, decide the value of the overrides for gift tax purposes. In this case, any gift tax payable on petitioner’s overriding royalty assignments would be fully absorbed by his unified credit, as petitioner made no taxable gifts prior to the ones he concedes here.8 Accordingly, whether the value of petitioner’s gifts is $50,412, as respondent contends, or zero, as petitioner contends, the result is the same: the deficiency as redetermined for the quarters in issue is zero. Although the correct value of the overrides continues to divide the parties and may be the subject of future litigation, this issue has absolutely no impact on the years before us. Our decision of no deficiency will be the same in any event. Indeed, as the Court has previously noted: “A decision of no deficiency * * * provides a complete victory for petitioner; a continuation of the proceedings ‘cannot affect the result as to the thing in issue’ * * * and can add nothing other than an advisory opinion”. 8The Tax Reform Act of 1976, Pub. L. 94–455, sec. 2001(b)(3), 90 Stat. 1849, created the unified credit which applies directly against estate and gift taxes. See secs. 2010(a), 2505(a). The credit amount in 1980 was $42,500, offsetting $161,563 of taxable transfers. See secs. 2001(c), 2502(a), 2505(b). Under a phase–in schedule, the credit increased to $47,000 in 1981. See sec. 2505(a) and (b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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