Estate of Mildred Geraldine Letts, Deceased, James P. Letts III and Joanne L. Magbee, Coexecutors - Page 17

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          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 income            










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