- 28 - Section 1341 Income Tax Benefit and Its Effect on the Value of Exxon’s Claim Section 1341 allows an income tax deduction to a taxpayer who previously received taxable income under a claim of right, but who must later repay some or all of that income. For cash method taxpayers, the deduction is taken when computing income tax liability for the year of the repayment. Sec. 1341(a). In its opinion, the Court of Appeals for the Fifth Circuit stated that the deduction under section 1341 was a factor to consider in determining the date-of-death value of Exxon’s claim because the deduction results in an income tax benefit to the estate. Estate of Smith v. Commissioner, 198 F.3d at 528-529. The estate argues that the section 1341 income tax benefit relates to the right to an income tax refund which did not exist on decedent’s date of death. The estate contends that the Court of Appeals’s instructions not to consider evidence of postdeath occurrences when determining the date-of-death value of Exxon’s claim precludes this Court from considering this issue. The estate’s argument is contrary to the express language contained in the Court of Appeals’s opinion. On the issue of the section 1341 income tax benefit, the Court of Appeals provided: Of course, once the Tax Court determines, on remand, the gross value of the Exxon claim for purposes of section 2053(a)(3), calculation of the section 1341 income tax benefit becomes a simple mathematical calculation, the result of which will diminish the gross value of the Exxon claim, dollar for dollar, toPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011