Estate of Leon Amiel, Deceased, Leon L. Amiel, Administrator, c.t.a. - Page 2

                                         -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 Rules           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011