ESTATE OF SMITH v. C.I.R.

Nos. 98-60241, 98-60313.

198 F.3d 515 (1999)

Algerine Allen SMITH, ESTATE OF Deceased; James Allen Smith, Executor, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Commissioner of Internal Revenue, Petitioner-Appellant, v. Algerine Allen Smith, Estate of Deceased; James Allen Smith, Executor, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 15, 1999.


Attorney(s) appearing for the Case

Harold A. Chamberlain (argued), Houston, TX, Michael Christopher Riddle, Riddle & Brazil, Houston, TX, for Estate of Smith.

Michelle B. O'Connor (argued), Jonathan S. Cohen, U.S. Dept. of Justice, Tax Division Appellate Section, Charles Casazza, Clerk, U.S. Tax Court, Washington, DC, for C.I.R.

Stuart L. Brown, Chief Counsel, Internal Revenue Service, Washington, DC, for C.I.R. in docket No. 98-60313.

Before WIENER, DeMOSS and PARKER, Circuit Judges.


WIENER, Circuit Judge:

In this complex federal tax case, involving both estate and income tax issues, Petitioner-Appellant Estate of Algerine Allen Smith (the "Estate") appeals an adverse decision of the Tax Court. At the time of her death, Algerine 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...

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