Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 16

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          calculation of damages to a special master.  Exxon claimed that             
          it was owed a total of $2.48 million by the estate.  Exxon                  
          settled with the estate 15 months after decedent died for                   
          $681,840.                                                                   
               The Commissioner determined a deficiency, asserting that the           
          estate was allowed to deduct only the amount paid in settlement             
          because Exxon’s claim was pending at the time of decedent’s                 
          death, and therefore the amount of the decedent’s liability on              
          that claim was then uncertain.  The Tax Court agreed with the               
          Commissioner’s conclusion.  See Estate of Algerine Smith v.                 
          Commissioner, 108 T.C. 412 (1997).  The Court of Appeals, in                
          reversing, vacating, and remanding the Tax Court’s original                 
          decision, concluded that the estate was entitled to deduct more             
          than the settlement amount, but that the estate was not permitted           
          to deduct the full amount that was being claimed by Exxon at                
          decedent's death.  Further, the Court of Appeals determined that            
          the income tax relief afforded by section 1341 upon the payment             
          of the settlement amount should offset the $2.48 million claim in           
          calculating the amount of the deduction.  Applying the willing              
          buyer-willing seller test, the Court of Appeals stated that “We             
          perceive no reason why this standard [willing buyer-willing                 
          seller test] should presume that the participants in the                    
          hypothetical transaction would not account for the net tax                  







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