Estate of Bert B. Rapp, Deceased, Richard L. Rapp, Executor - Page 33

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             accountant, Mr. Lippert, "that he was changing his estate                
             plan to take advantage of the unlimited marital deduction"               
             and led Mr. Lippert "to believe that * * * [the decedent]                
             had instructed Attorney Clark to change his Will so that it              
             would qualify for the unlimited marital deduction."                      
             Petitioner also argues that the decedent told Mrs. Rapp                  
             that "when he died everything would be hers" and that the                
             decedent told his niece, Mrs. Josephson, that "whatever he               
             earned in his lifetime was going to be his wife's, and                   
             ultimately his sons[']."                                                 
                  As "indirect evidence" that the decedent intended the               
             residue of his estate to qualify for the marital deduction,              
             petitioner argues in its post-trial brief that the decedent              
             told his wife, his son, and his banker, Mr. Bruce Bell,                  
             "that his estate plan had been drafted to avoid or defer                 
             taxes, and that there would be minimal taxes due upon his                
             death."  Petitioner also cites as indirect evidence the                  
             decedent's statements made to Mrs. Josephson, his                        
             investment adviser, Mr. Parneet Kongkeo, and his friend,                 
             Mr. John Pabigian, about "the importance of estate planning              
             and deferring taxes."  Petitioner further cites the fact                 
             that the decedent had shown "an article to his CPA                       
             discussing the marital deduction and the changes in the                  







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