- 2 - amount of the allowable marital deduction pursuant to section 2056(b)(4)(A). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect as of the date of decedent's death, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated, and the facts set forth in the stipulation are incorporated in our findings by this reference. Betty Pace Miller (decedent) died on December 6, 1993, a resident of Comal County, Texas. Decedent was survived by her husband, Charles E. Miller (Mr. Miller); her daughter, Marilyn Miller Slaughter; and her son, Robert Charles Miller. At the time the petition in this case was filed, the executor's address was in Irving, Texas. Decedent executed a last will and testament (the will) on October 3, 1984, referring to the "Miller Family Trust" (the trust), which was established by a separate instrument on the same day. Decedent and Mr. Miller consulted Lynn Smith (Smith), a Texas attorney, regarding the plan of their estate. Smith drafted the will and the trust. In article III of the will, decedent made a specific bequest of certain personal property to Mr. Miller. Under article IV, in the event that Mr. Miller predeceased decedent, specific parcels of real property were devised to their children. In relevant part, in article V,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011