Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 66

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          appropriate, I am unpersuaded that, in enacting section                     
          2056(b)(7), Congress’ purpose was to exempt from the terminable             
          interest rule a bequest or devise that is uncertain (as to                  
          whether the surviving spouse has a qualifying income interest for           
          life) at the time of the decedent’s death.  The relevant                    
          committee reports are silent, and the general rule of section               
          2056(b) is to the contrary.  On that basis, even assuming                   
          ambiguity, I would hold for respondent.                                     
               B.  Committee Reports Are Silent                                       
               Section 2056(b)(7) was added to the Code by the Economic               
          Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, sec. 403(d), 95             
          Stat. 172, 302.  H. Rept. 97-201 (H. Rept. 97-201), 1981-2 C.B.             
          352, is the report of the Committee on Ways and Means that                  
          accompanied H.R. 4242, 97th Cong., 1st Sess. (1981) (which was              
          enacted as ERTA).  In pertinent part, H. Rept. 97-201 details the           
          reasons for an unlimited marital deduction (simplification and              
          the view that an individual should be free to pass his entire               
          estate to a surviving spouse free of tax).  It then states:                 
                    In addition, the committee believes that the                      
               present limitations on the nature of interests                         
               qualifying for the marital deduction should be                         
               liberalized to permit certain transfers of terminable                  
               interests to qualify for the marital deduction.  Under                 
               present law, the marital deduction is available only                   
               with respect to property passing outright to the spouse                
               or in specified forms which give the spouse control                    
               over the transferred property.  Because the surviving                  
               spouse must be given control over the property, the                    
               decedent cannot insure that the spouse will                            
               subsequently pass the property to his children.                        
               Because the maximum marital deduction is limited under                 
               present law to one-half of the decedent’s adjusted                     




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