Estate of Algerine Allen Smith - Page 28




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          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, to                  






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