- 51 - 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.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51
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