Estate of Charles Baxter Southern, Sr., Deceased, First American Trust Company, N.A., Co-Executor - Page 7

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          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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