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decision is whether petitioner is entitled to a marital deduction
in the amount claimed. More specifically, we must decide what
effect the surviving spouse's qualified disclaimer had on the
amount of the marital deduction.
The parties submitted this case fully stipulated under Rule
122.2 The stipulation of facts, supplemental stipulation of
facts, and attached exhibits are incorporated herein by this
reference. Ralph M. Nix, Sr. (hereinafter decedent), was a
resident of Artesia, New Mexico, on the date of his death, on
September 4, 1988. At the time of the filing of the petition,
personal representative Ralph M. Nix, Jr. (decedent's son),
resided in the State of New Mexico.
Decedent died testate. The will provides for four bequests:
The first bequest provides for the disposition of tangible
personal property, the second bequest provides for a specific
1(...continued)
assets (without regard to community property deduction) listed on
Schedules A and B of decedent's estate tax return:
Asset Value
Working interest wells $215,558
Royalty interest wells 285,484
3500 shares of Ralph M. Nix
Oil, Inc. 113,282
Rolex watch 3,550
Gentlemen's ring 7,650
2 All Rule references are to the Tax Court Rules of Practice
and Procedure, and all section references are to the Internal
Revenue Code in effect as of the date of decedent's death, unless
otherwise indicated.
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