- 8 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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