- 13 - is unambiguous and provides for guaranteed payments which survive decedent’s death and are includable in the gross estate. The parties presented arguments on brief regarding whether we should apply the rule enunciated in Commissioner v. Danielson, 378 F.2d 771 (3d Cir. 1967), vacating and remanding 44 T.C. 549 (1965),9 or the less stringent “strong proof” rule.10 However, the Danielson rule and the strong-proof rule apply only in the case of an unambiguous agreement. See Gerlach v. Commissioner, 55 T.C. 156, 169 (1970); Pettid v. Commissioner, T.C. Memo. 1999- 126. Because we find the terms of the marital settlement ambiguous, we do not apply either the Danielson rule or the 9The Danielson rule provides: a party can challenge the tax consequences of his agreement as construed by the Commissioner only by adducing proof which in an action between the parties to the agreement would be admissible to alter that construction or to show its unenforceability because of mistake, undue influence, fraud, duress, etc. * * * [Commissioner v. Danielson, 378 F.2d 771, 775 (3d Cir. 1967), vacating and remanding 44 T.C. 549 (1965).] 10Under the strong-proof rule, a taxpayer can ignore unambiguous terms of a binding agreement only if he presents “strong proof”, that is, more than a preponderance of the evidence that the terms of the written instrument do not reflect the actual intentions of the contracting parties. Elrod v. Commissioner, 87 T.C. 1046, 1066 (1986). This Court generally applies the strong-proof rule. See id. at 1065; Coleman v. Commissioner, 87 T.C. 178, 202 (1986), affd. without published opinion 833 F.2d 303 (3d Cir. 1987); Ullman v. Commissioner, 29 T.C. 129 (1957), affd. 264 F.2d 305 (2d Cir. 1959). However, if the case is appealable to a circuit which has adopted the Danielson rule, then we are bound to apply that rule. See Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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