- 16 - 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 taxPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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