Smith Ex Rel. Estate of Smith v. Commissioner

WIENER, Circuit Judge:

In this complex federal tax case, involving both estate and income tax issues, Petitioner-Appellant Estate of Agerine Allen Smith (the “Estate”) appeals an adverse decision of the Tax Court. At the time of her death, Agerine Allen Smith (the “Decedent”) was one of many defendants in a lawsuit brought by Exxon Corporation that arose out of royalty provisions in numerous oil and gas leases. Exxon had overpaid royalty owners, including the Decedent, and was suing to recoup the overpayments.

Four questions are presented in this appeal: (1) As of what date is a claim against…