Estate of Mildred Geraldine Letts, Deceased, James P. Letts III and Joanne L. Magbee, Coexecutors - Page 10

                                       - 10 -                                         

          expanded it in 1981.  H. Rept. 97-201, at 159-161 (1981), 1981-2            
          C.B. 352, 377-378.  As a result, bequests of property from a                
          predeceasing spouse to the surviving spouse are in certain                  
          circumstances eligible for an unlimited marital deduction.  Sec.            
          2056(a).  It is a basic policy of the marital deduction that                
          property that passes untaxed from a predeceasing spouse to a                
          surviving spouse is included in the estate of the surviving                 
          spouse.  Estate of Shelfer v. Commissioner, 86 F.3d 1045, 1048              
          (11th Cir. 1996), revg. 103 T.C. 10 (1994); Estate of Cavenaugh             
          v. Commissioner, 100 T.C. 407, 416 (1993), affd. in part and                
          revd. in part on other grounds 51 F.3d 597 (5th Cir. 1995).                 
               The marital deduction provides special rules for gifts of              
          terminable interest property (e.g., life interests).  Sec.                  
          2056(b).  A terminable interest is an interest passing to a                 
          surviving spouse that will end on the lapse of time, on the                 
          occurrence of an event or contingency, or on the failure of an              
          event or contingency to occur.  Sec. 2056(b)(1).  The marital               
          deduction is not available for terminable interest property given           
          to the surviving spouse unless the estate of the predeceasing               
          spouse elects to treat the property as QTIP.  Sec. 2056(b)(1),              
          (7).5  The estate of the predeceasing spouse is denied a marital            

               5 The QTIP election is available for estates of decedents              
                                                             (continued...)           







Page:  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