- 5 - v. Commissioner, 198 F.3d 515 (1999). The Court of Appeals held that we had improperly considered the post-death settlement of Exxon’s claim against the estate. See id. at 526. The Court of Appeals provided instructions regarding what evidence should be considered for purposes of ascertaining the date-of-death value of the claim against the estate but made no finding as to the correct amount of the claim for purposes of deduction under section 2053(a)(3) and did not preclude the possibility that the correct amount of the deficiency might be the same as that determined in our original decision. See id. Discussion The issue for decision is whether the “amount of the deficiency” previously determined by this Court was “disallowed in whole or in part by the court of review” within the meaning of section 7486. Petitioner argues that the amount of the deficiency in our prior decision was disallowed when that decision was reversed, vacated, and remanded. We disagree. Section 7486 provides: SEC. 7486. In cases where assessment or collection has not been stayed by the filing of a bond, then if the amount of the deficiency determined by the Tax Court is disallowed in whole or in part by the court of review, the amount so disallowed shall be credited or refunded to the taxpayer, without the making of claim therefor, or, if collection has not been made, shall be abated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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