- 28 - In any event, we do not accept petitioner's assertion that the order of the California probate court is "a decision of a local court upon the merits in an adversary proceeding following a genuine and active contest." Sec. 20.2056(e)-2(d)(2), Estate Tax Regs. To the contrary, the record of the hearing before the probate court shows that the court granted Mrs. Rapp's petition after ascertaining the opinion of the guardian ad litem that his clients "will not be adversely affected by this petition" and determining that no objection had been filed to the petition. No witnesses were called to testify, and no documents were introduced into evidence. We find nothing in the record of this case to show that the probate court "passed upon the facts upon which deductibility of the property interests depends." Sec. 20.2056(e)-2(d)(2), Estate Tax Regs. Rather, the order of the probate court appears to have been "rendered by consent" such that it "will not necessarily be accepted as a bona fide evaluation of the rights of the spouse." Sec. 20.2056(e)-2(d)(2), Estate Tax Regs. Thus, we reject petitioner's assertion that the order of the probate court must be presumed to be a bona fide recognition of Mrs. Rapp's enforceable rights under California law. We proceed to review California lawPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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