- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011