- 33 - 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 thePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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