- 17 - to claim the marital deduction for the property only (1) if it was not terminable interest property, or (2) if it was terminable interest property for which a QTIP election was made. The Estate of James Letts, Jr., clearly indicated that the property was not QTIP. James P. Letts III, as executor for the Estate of James Letts, Jr., answered "No" to the question on line 4 of the return, "Do you elect to claim a marital deduction for qualified terminable interest property (QTIP) under section 2056(b)(7)?" Consistent with that answer, he did not separately list any terminable interest property in Schedule M. Thus, the estate eliminated one of the two grounds stated above for deducting the value of the Item II trust property as a marital deduction. The only other ground for including the value of the Item II trust property in the marital deduction would be if the Item II trust property was not terminable interest property. Thus, the Estate of James Letts, Jr., represented that the Item II trust property was not terminable interest property. For purposes of the duty of consistency, a taxpayer's treatment of an item on a return can be a representation that facts exist which are consistent with how the taxpayer reports the item on the return. For example, a failure to report incomePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011