- 12 - settlement of the claim. Estate of Smith v. Commissioner, 108 T.C. at 425. Additionally, we had to decide the issue of whether the income tax benefit derived by the estate as a result of the application of section 1341(a) was an asset which increased the gross estate. Id. at 414. We decided that it was, holding that the taxable estate had to be increased by the amount of section 1341(a) relief that was attributable to the amount the estate paid to Exxon in settlement of its claim. Id. at 430.8 The estate appealed our decision. The Court of Appeals for the Fifth Circuit held that Exxon’s claim must be valued as of the decedent’s date of death and, thus, must be appraised on information known or available up to (but not after) that date.9 Estate of Smith v. Commissioner, 198 F.3d at 517. The Court of 8In a supplemental opinion, we addressed a dispute by the parties regarding the Rule 155 computation. Estate of Smith v. Commissioner, 110 T.C. 12 (1998). 9The Court of Appeals for the Fifth Circuit noted: Although we are persuaded that, on these facts, the Commissioner is not permitted to consider–-much less rely exclusively on–-the amount of the post-death settlement of the Exxon claim when valuing Decedent’s allowable estate tax deduction, we are also persuaded that the estate is not entitled to deduct the full amount that was being claimed by Exxon at Decedent’s death. Rather, for the reasons that follow, we conclude that the correct analysis requires appraising the value of Exxon’s claim based on the facts as they existed as of death. [Estate of Smith v. Commissioner, 198 F.3d 515, 521 (5th Cir. 1999).]Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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