- 5 - 1. Marital Deduction The Estate of James Letts, Jr., claimed a $1,317,969 marital deduction. Of that amount, $317,705 was attributable to assets passing to decedent as joint tenant with the right of survivorship. The remaining $1,000,264 was for the Item II trust, which was described on Schedule M as a "qualified marital trust". The Estate of James Letts, Jr., did not state on its return whether or not the Item II trust property was terminable interest property. The Estate of James Letts, Jr., passed $1,317,969 to decedent and paid no estate taxes. 2. Responses by the Estate of James Letts, Jr., to the Instructions on Line 4 of Page 2 and on Schedule M of the Estate Tax Return It Filed On page 2 of the return filed by the Estate of James Letts, Jr., under "Elections by the Executor", the following question appears on line 4: "Do you elect to claim a marital deduction for qualified terminable interest property (QTIP) under section 2056(b)(7)?" The executor of the Estate of James Letts, Jr., placed an "x" in the box for "No". The instructions for line 4 say that if the gross estate exceeds $500,000, the property for which the election is being made must be listed on Schedule M and clearly marked asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011