Estate of Harriet R. Mellinger, Deceased, Hugh V. Hunter and Wells Fargo Bank, Co-Executors - Page 1

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                                   112 T.C. No. 4                                     


                               UNITED STATES TAX COURT                                


                     ESTATE OF HARRIETT R. MELLINGER, DECEASED,                       
          HUGH V. HUNTER AND WELLS FARGO BANK, CO-EXECUTORS, Petitioner v.            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 6663-97.                  Filed January 26, 1999.           


                    P died owning 2,460,580 shares of stock that were                 
               held in her revocable trust.  The stock was included in                
               her estate pursuant to sec. 2033, I.R.C.  Also included                
               in her estate, pursuant to sec. 2044, I.R.C., were                     
               2,460,580 shares of the same stock held in a QTIP trust                
               established by decedent's predeceased spouse.  Held:                   
               The shares of stock should not merge or be aggregated                  
               for Federal estate tax valuation purposes.                             


               Robert B. Martin, Jr., for petitioner.                                 
               Donna F. Herbert and Mark A. Weiner, for respondent.