7
that the formula should be LG plus LA equals MA, or LA = MA - LG.
Under this approach, LA equals $2,464,426, which is $2,499,999 -
35,573. Although the language of the will is less than crystal
clear, we agree with petitioner for two reasons.
In order to give meaning to the term "marginal amount", we
must consider the entire taxable estate. Second, we find that
petitioner's version of the will identifies a sensible intent, to
have the taxable estate taxed at less than 50 percent. This is a
logical tax planning scheme. Respondent's assertion evidences no
sensible intent. Although there is no requirement that a will be
sensible or logical, when there is a discernible intent, and the
language lends itself to more than one interpretation, we adopt
the interpretation that is consistent with the intent of the will
and gives full meaning to every word and clause. Bookwalter v.
Lamar, 323 F.2d 664 (8th Cir. 1963). We conclude that decedent
intended the computation be made with reference to the entire
taxable estate.
Respondent argues incorrectly that petitioner is including
the $90,000 gifts to the grandchildren in the computation of the
marital deduction. The dollar amount may be the same, but
petitioner has not included the $90,000 bequest to the
grandchildren in the marital deduction; rather, it has increased
the marital share, and therefore the marital deduction, by
$90,000 to offset the presence of the $90,000 bequest in the
taxable estate. The $90,000 increase to the marital share is
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