Estate of Algerine Allen Smith - Page 12




                                       - 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

Last modified: May 25, 2011