Estate of Algerine Allen Smith - Page 7




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               In the instant case, the Court of Appeals reversed and                 
          remanded with instructions regarding the proper evidence to                 
          consider for valuing Exxon’s claim against the estate.  The Court           
          of Appeals made no finding regarding the correct value of the               
          Exxon claim, nor did it preclude an ultimate finding of value               
          that would result in the same deficiency amount contained in our            
          prior decision.  The Court of Appeals simply held that post-death           
          events, such as the settlement of the Exxon claim, should not be            
          considered in making the valuation determination.  The Court of             
          Appeals remanded with instructions to make the valuation based on           
          facts that existed on the date of decedent’s death.  The amount             
          of the prior deficiency determination was not disallowed in whole           
          or in part.                                                                 
               Although this Court has not previously addressed the issue,            
          other courts have held that section 7486 does not apply in the              
          present situation.  In Tyne v. Commissioner, T.C. Memo. 1966-214,           
          the Tax Court allowed the taxpayer to deduct a portion of his               
          travel expenses.  The taxpayer appealed but did not post a bond,            
          and the Commissioner assessed the deficiency.  The Court of                 
          Appeals for the Seventh Circuit reversed and remanded with                  
          instructions to use a different method of allocation for purposes           
          of determining the allowable deduction.  See Tyne v.                        
          Commissioner, 385 F.2d 40, 42 (7th Cir. 1967).  After the Tax               
          Court entered new decisions, the taxpayer again appealed, and the           






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