-2- (petitioner) is entitled. Petitioner contends that property that funded a residuary trust established under the will of Leon Amiel (the Part B trust) is qualified terminable interest property (QTIP), and as a consequence, petitioner is entitled to an unlimited marital deduction (amounting to $7,305,191) pursuant to section 2056(a) as amended by section 403(a) of the Economic Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, 95 Stat. 301. Respondent, on the other hand, claims that the transitional rule set forth in ERTA section 403(e)(3), 95 Stat. 305, subjects petitioner to the pre-ERTA marital deduction quantitative limits. Respondent acknowledges that property funding another residuary trust that contains a maximum marital deduction formula clause (the Part A trust) qualifies for the marital deduction. Thus, respondent concludes that petitioner is limited to a marital deduction in the amount of $5,603,819. Continuing for the sake of completeness, respondent argues that the Part B trust property fails to qualify for QTIP treatment because decedent's surviving spouse did not possess a qualifying income interest for life in the trust property. For the reasons that follow, we agree with all of respondent's positions and conclude that the amount of the marital deduction available to petitioner is limited to the amount available prior to the enactment of ERTA. Unless otherwise indicated, all section references are to the Internal Revenue Code as amended and in effect for the date of Leon Amiel's death, and all Rule references are to the Tax Court RulesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011