- 7 - parties must compute the deficiency on the basis of the matters decided by the Court. See id. Petitioner cannot reasonably contend that the validity of the alleged transfer giving rise to the gift tax deduction was not at issue. At trial, petitioner asserted various arguments relating to the transfer of assets to GFLP, but we ultimately held that decedent did not complete the transfer as claimed. Because the attempted transfer of the Marital Fund assets to GFLP was not completed and did not constitute a gift, a gift tax liability attributable to the transfer of Marital Fund assets did not arise, and no gift tax deduction is warranted. In the gift tax case, petitioner acknowledged this result by entering into an agreement recognizing that petitioner was not liable for any gift tax deficiency and crediting all gift taxes paid against petitioner’s estate tax deficiency. The allowance of a gift tax deduction for $1,183,029 would not reflect the findings of the Court in this estate tax case or result in a correct computation of petitioner’s estate tax deficiency. Respondent’s computation incorporates the parties’ stipulations and the findings of the Court and accounts for the appropriate credits and deductions claimed and substantiated byPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008