Estate of Ralph M. Nix, Sr., Deceased, Ralph M. Nix, Jr., Personal Representative - Page 8

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            liability.  Sec. 2518(a); sec. 25.2518-1(b), Gift Tax Regs.; see                           
            also secs. 2046, 2654(c).  The parties concede that a qualified                            
            disclaimer was made.                                                                       
                  The parties' disagreement lies in the calculation of the                             
            marital deduction as affected by the disclaimer.  Resolution of                            
            this dispute will require interpretation of the marital bequest                            
            in the will.  It is a cardinal rule of construction of wills that                          
            the intent of the testator controls.  Estate of Swenson v.                                 
            Commissioner, 65 T.C. 243, 250 (1975).  Accordingly, we look to                            
            the precise wording employed by the decedent in his will.  Id.                             
            The most important matter to resolve is not what the decedent                              
            meant to say, but what is meant by what the decedent did say.                              
            Connecticut Junior Republic v. Sharon Hosp., 188 Conn. 1, 20, 448                          
            A.2d 190, 194 (1982).  The words in decedent’s will must be                                
            interpreted in light of their context with reference to the will                           
            in its entirety.  Estate of Swenson v. Commissioner, supra; see                            
            also Estate of Bruning v. Commissioner, 888 F.2d 657, 659 (10th                            
            Cir. 1989), affg. T.C. Memo. 1988-5.                                                       
                  The marital deduction clause in decedent’s will is one that                          
            is commonly used in estate plans; it is a formula designed to                              
            take advantage of the credit equivalent.  The intent of the                                
            clause is to reduce or eliminate Federal estate taxes on the                               
            estates of both spouses.6  See generally Mulligan, “Drafting                               

            6     This is accomplished by using the unified credit available                           
                                                                         (continued...)                




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