Estate of Algerine Allen Smith - Page 19




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          2053(a)(3) deduction depended on the fair market value of Exxon’s           
          claim as of decedent’s date of death.  Estate of Smith v.                   
          Commissioner, 198 F.3d at 525-526.  The Court of Appeals provided           
          the following explanation concerning the amount of the estate’s             
          section 2053(a)(3) deduction:                                               
                    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.  [Id. at 521.]                                    
          The Court of Appeals further stated:                                        
               The actual value of Exxon’s claim prior to either                      
               settlement or entry of a judgment is inherently                        
               imprecise, yet “even a disputed claim may have a value,                
               to which lawyers who settle cases every day may well                   
               testify, fully as measurable as the possible future                    
               amounts that may eventually accrue on an uncontested                   
               claim.”  [Id. at 525 (quoting Gowetz v. Commissioner,                  
               320 F.2d 874, 876 (1st Cir. 1963)).]                                   
               Thus, although Exxon had a claim against decedent at the               
          time of her death, the amount Exxon was seeking was not the                 
          amount the estate was entitled to deduct under section                      
          2053(a)(3).                                                                 
               In Estate of O’Neal v. United States, 258 F.3d 1265 (11th              
          Cir. 2001), the Court of Appeals for the Eleventh Circuit                   
          interpreted Estate of Smith v. Commissioner, supra, in a manner             
          consistent with our view.  Faced with a similar situation                   





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