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Trust in her estate. On August 15, 1995, a payment of
$441,214.40 was made by the trustees of the Marital Trust
directly to respondent in partial payment of the deficiency at
issue in this case. This represents a substantial portion, if
not all, of the deficiency plus interest that will be due as a
result of the inclusion of Marital Trust assets in the gross
estate under section 2044.
A QTIP deduction under section 2056(b)(7) was allowed in
Andrew's estate for 75.13637 percent of the value of the assets
of the Marital Trust. In Andrew's case, the parties stipulated
that the assets of the Marital Trust which constituted QTIP would
be segregated from those assets of the Marital Trust which did
not and that decedent's estate would not include any Marital
Trust property that was not QTIP. No such division has occurred,
and the QTIP in the Marital Trust has not been segregated from
the remaining assets. Respondent therefore determined that
75.13637 percent of the value of the assets of the Marital Trust
as of the time of decedent's death is includable in decedent's
gross estate. At the time of decedent's death, the property held
in the Marital Trust had a value of $1,982,120.40. Applying
75.13637 percent to the value of the Marital Trust results in a
value of $1,489,293.31 for the QTIP for which a deduction was
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