Estate of Leon Amiel, Deceased, Leon L. Amiel, Administrator, c.t.a. - Page 10

                                        -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

Last modified: May 25, 2011