Estate of Bert B. Rapp, Deceased, Richard L. Rapp, Executor - Page 51

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             the language of the will as a whole, as well as extrinsic                
             evidence, the court found "beyond peradventure that the                  
             testator intended a gift of the entire trust income to the               
             wife, and distribution thereof promptly enough to qualify                
             the trust property for the marital deduction."  Id. at 137.              
             Therefore, Estate of Mittleman, is not apposite to this                  
             case in which, as discussed above, our examination of the                
             language of the will and extrinsic evidence fails to show                
             that the decedent intended Mrs. Rapp to receive all the                  
             income from the trust property payable annually or at more               
             frequent intervals.                                                      
                  For the foregoing reasons, we find that the property                
             distributed to the testamentary trust created under the                  
             decedent's 1986 will is not QTIP and is not eligible to be               
             included in the marital deduction claimed by petitioner for              
             Federal estate tax purposes.  To reflect that finding and                
             concessions of the parties,                                              


                                           Decision will be entered                   
                                      under Rule 155.                                 












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