That was the issue before the Tax Court. The estate initially reported the value of his image and likeness at $2,105 on the estate tax return. At trial, the estate’s expert said it was $3.1 million. The IRS contended it was $161.3 million. Each side had experts argue about the potential future revenue stream from Jackson’s image and likeness.
The Tax Court, in a decision running more than 250 pages, decided that the value of Michael Jackson’s image and likeness for estate tax purposes was $4.2 million (Estate of Michael J. Jackson, TC Memo 2021-48). The court called the IRS’s valuation a “fantasy.” What’s more, the court determined that the value of his interest in a music publishing business with Sony, which held a Beatles music catalog, was zero, although the value of his interest in the music catalog of his and other artists’ works was $107 million.
Interesting note: The estate was represented by a firm in which IRS Commissioner Rettig was a member, although he withdrew from the case when he was awaiting Senate confirmation as commissioner.
A revenue ruling is the Commissioner’s “official interpretation of the interpretation of the law” and generally is binding on revenue agents and other IRS officials. Taxpayers generally may rely on published revenue rulings in determining the tax treatment of their own transactions that arise out of similar facts and circumstances.