-10- the transitional rule is explicit. The transitional rule precludes the unlimited marital deduction provided with the enactment of ERTA to an estate where: (1) The will containing a maximum marital deduction formula clause was executed prior to the enactment of ERTA; (2) the formula clause was not amended at any time after September 12, 1981, to refer specifically to an unlimited marital deduction; and (3) there is not enacted a State law applicable to the estate which would construe the formula clause as referring to the unlimited marital deduction. Here, each of the aforementioned situations is applicable. The maximum marital deduction formula clause contained in article four, paragraph A, of decedent's will is precisely the type of formula clause addressed by the transitional rule. See Estate of Christmas v. Commissioner, 91 T.C. 769 (1988); Estate of Bauersfeld v. Commissioner, T.C. Memo. 1988-224; cf. Estate of Levitt v. Commissioner, 95 T.C. 289 (1990). We hold that the amount of the marital deduction available to petitioner is limited to the amount available prior to the enactment of ERTA. Because in the instant case (1) the transitional rule does apply, (2) respondent acknowledges that petitioner is entitled to a marital deduction for the property funding the Part A trust, and (3) the value of the property funding the Part A trust is such as to entitle petitioner to the maximum pre-ERTA marital deduction, we need not decide whether the Part B trust property qualifies for QTIP treatment. Nonetheless, for the sake of completeness we shall address this matter.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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