- 19 - 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 situationPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011