- 17 - to petitioner, is an interest in the stock that qualifies for the marital deduction. Petitioner also argues that Patricia Low paid no attention to the agency's corporate tax returns and her individual tax returns and that she did not notice that the returns treated her as the sole shareholder of the agency. Petitioner further argues that nothing Patricia Low did after her mother's death could possibly have a bearing on decedent's intentions when drafting her will and codicil. In the alterative, petitioner argues that the will merely gave Patricia Low an option to buy the stock. Patricia Low testified that her mother told her she would have an opportunity to purchase the agency stock upon her mother's death, and petitioner argues that decedent's attorney, Jan Seigel, supported this interpretation. Respondent counters by pointing out that the testimony is self-serving, uncorroborated, and incredible since the stock purchase agreement already gave Patricia Low an option to purchase the agency stock upon her mother's death, and her actions after her mother's death call her veracity into question. Petitioner argues that the New Jersey doctrine of probable intent controls the interpretation of decedent's will, not general rules of will construction. According to petitioner, decedent would not have wanted her daughter to inherit any stock if she did not fully and completely comply with her wishes, asPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011