Estate of Algerine Allen Smith - Page 21




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          decedent’s date of death.11  Accordingly, we follow the valuation           
          instructions enunciated by the Court of Appeals in order to                 
          determine the proper amount of the estate’s section 2053(a)(3)              
          deduction.                                                                  
          Valuation of Exxon’s Claim as of Decedent’s Date of Death                   
               As mentioned earlier, the estate’s only argument is that the           
          law of the case doctrine entitles it to deduct the entire amount            
          that Exxon was seeking from decedent.  The estate failed to                 
          present other evidence supporting the value it advocates.12                 
               Respondent did supply this Court with relevant evidence of             
          predeath facts and occurrences supporting the value of the Exxon            
          claim he advocates.  Respondent relied on the report and                    
          testimony of his expert witness, Mark K. Glasser (Mr. Glasser),             
          to support his determination that the value of Exxon’s claim as             

               11Indeed, we presume that if the Court of Appeals for the              
          Fifth Circuit believed that the amount Exxon was seeking from               
          decedent at the date of death was the measure of the value of the           
          claim for purposes of the estate’s sec. 2053(a)(3) deduction,               
          then the Court of Appeals would have decided the case in the                
          estate’s favor instead of remanding it to us with specific                  
          instructions for valuing the claim.                                         
               12After remand by the Court of Appeals, the only document              
          submitted into evidence by the estate was a copy of the                     
          transcript of a Rule 155 hearing conducted after our original               
          opinion.  At trial on remand, the estate did not present any                
          witnesses or submit any expert reports.  The only evidence                  
          submitted by the estate at trial was in the form of an oral                 
          stipulation between the parties that David J. Beck was the                  
          attorney who had been retained to represent Exxon to file the               
          complaint that was filed in the Jarvis Christian litigation, and            
          Mr. Beck was retained to pursue Exxon’s claim against the royalty           
          owners, which he in fact did.                                               





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