Estate of Algerine Allen Smith - Page 11




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          rejecting a settlement offer and proposing a counteroffer of                
          $944,280 for Exxon’s claim against the Allen parties.                       
               Decedent died testate on November 16, 1990, in Texas.  James           
          Allen Smith, decedent’s son, is the executor of decedent’s                  
          estate, and he filed a Form 706 on July 12, 1991.  On the Form              
          706, the estate claimed a deduction of $2,482,719 for a claim               
          against the estate pursuant to section 2053(a)(3).  The estate              
          derived this amount from Exxon’s contention that, with interest,            
          the amount due from decedent for Exxon’s claim was $2,482,719.7             
          Net of interest, Exxon contended the amount due was $1,032,315.             
               On July 21, 1994, respondent issued a notice of deficiency.            
          In the notice of deficiency, respondent determined that the                 
          estate’s deduction for Exxon’s claim against the estate was                 
          allowable in the amount of $681,840, rather than $2,482,719,                
          because “it has not been established that any greater amount is             
          deductible under the provisions of the Internal Revenue Code.”              
          Prior Court Proceedings                                                     
               The main issue for decision in this case was the amount the            
          estate was entitled to deduct pursuant to section 2053(a)(3) for            
          Exxon’s claim against the estate.  In our original opinion, we              
          held that the amount of the estate’s section 2053(a)(3) deduction           
          for Exxon’s claim was limited to the amount ultimately paid in              


               7This amount included amounts sought from Jessamine’s and              
          Frankie’s interests, which decedent had inherited.                          





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