- 20 - involving a claim against an estate, that court followed the reasoning and holding of the Court of Appeals for the Fifth Circuit and provided the following explanation: in Estate of Smith, the date of death value was not established when the Fifth Circuit chose to follow Ithaca Trust and disregard post-death events. The date of death value was unknown. The amount claimed by Ms. Smith’s estate to be the date of death value was only the litigation demand amount being made by Exxon at her date of death. It was therefore necessary for the Fifth Circuit to request a recalculation upon remand. We face a similar situation here. We conclude that the Section 2053(a)(3) deduction should be the value at Mrs. O’Neal’s date of death. We still, however, do not know what that value is. As in Estate of Smith, it is not necessarily the amount of the demand being made by the government at Mrs. O’Neal’s death. Like the Fifth Circuit, we must remand this case to the district court for a recalculation of the deduction. * * * * * * we find that no case holds that the value at the date of death is the demand amount, $9,407,226, being made here by the government at the date of death. We therefore vacate the opinion of the district court on this issue and remand for evidentiary hearing on valuation. [Id. at 1275; citations omitted.] The Court of Appeals for the Eleventh Circuit concluded by providing valuation instructions on remand nearly identical to those provided by the Court of Appeals for the Fifth Circuit. Id. In the instant case, the estate’s argument that it is entitled to deduct the full amount of Exxon’s claim was rejected by the Court of Appeals when it remanded the case for a determination of the fair market value of Exxon’s claim as ofPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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