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 isPage: Previous 1 2 3 4 5 6 7 8 9 Next
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