- 2 - Michael J. Calabrese, for respondent. WELLS, Judge:* Respondent determined a deficiency of $2,284,008 in the Federal estate tax of the Estate of Willis Edward Clack (estate). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect on the date of death of Willis Edward Clack (decedent), and all Rule references are to the Tax Court Rules of Practice and Procedure. The issue to be decided in this Opinion is whether the interest of decedent’s surviving spouse in certain marital trust property is "qualified terminable interest property" (QTIP) within the meaning of section 2056(b)(7), where the passage to the surviving spouse of the interest in the property is contingent upon the coexecutors’ QTIP election as to the property.1 FINDINGS OF FACT Some of the facts were stipulated for trial pursuant to Rule 91. The parties’ stipulations are incorporated into this Opinion by reference and are found accordingly. * This case was reassigned to Judge Thomas B. Wells by Order of the Chief Judge. 1 If the interest in such property is QTIP, then an additional issue must be decided, to wit, whether the estate, inheritance, and any other succession taxes are to be paid from the assets passing into the marital trust or from the stock bequeathed to decedent's son. This additional issue will be decided by a separate opinion subsequently to be released.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011