Legal Opinion

Estate of Saunders v. Comm'r

United States Tax Court

Decided April 28, 2011No. Docket No. 10957-09PublishedCited by 3 opinions

Decedent's estate claimed a deduction of $30 million in relation to litigation pending against the estate at the date of death. The case was submitted on stipulated facts and an offer of proof for a preliminary determination as to whether the amount of the claim was ascertainable with reasonable certainty and deductible as of the date of death, in accordance with sec. 20.2053-1(b)(3), Estate Tax Regs.

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Decedent's estate claimed a deduction of $30 million in relation to litigation pending against the estate at the date of death. The case was submitted on stipulated facts and an offer of proof for a preliminary determination as to whether the amount of the claim was ascertainable with reasonable certainty and deductible as of the date of death, in accordance with sec. 20.2053-1(b)(3), Estate Tax Regs. Held: Different standards apply to including a claim in favor of an estate in the gross estate and deducting a claim against an estate for estate tax purposes. Held, further, as demonstrated by…

1Opinion of the Court

OPINION

Cohen, Judge:

Respondent determined a deficiency of $14,400,000 in estate tax due from the Estate of Gertrude H. Saunders (decedent). Respondent also determined a penalty under section 6662(h) of $5,760,000, but that penalty has now been conceded. The case is before the Court for a preliminary determination of whether a claim against the estate satisfies the requirements of section 20.2053-l(b)(3), Estate Tax Regs., as in effect for the date of the decedent’s death that a claim may be deducted “though its exact amount is not then known, provided it is ascertainable with reasonable…

2Cases cited23 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  3. Propstra v. United StatesCourt of Appeals for the Ninth Circuit · 1982
  4. Harry S. Stonehill and Robert P. Brooks v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  5. United States v. StonehillCourt of Appeals for the Ninth Circuit · 1983

18 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Marshall Naify Revocable Trust v. United StatesCourt of Appeals for the Ninth Circuit · 2012
  2. Estate of Gertrude Saunders v. CirCourt of Appeals for the Ninth Circuit · 2014
  3. Estate of Saunders v. Comm'rUnited States Tax Court · 2011

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