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Schedule A -- Real Estate $151,558
Schedule B -- Stocks and Bonds 129,337
Schedule C -- Mortgages, Notes, and Cash 818,707
Schedule F -- Other Miscellaneous Property 4,750
Total gross estate 1,104,352
On the Form 706, Line 2, the estate reported total allowable
deductions of $56,678, and on Line 3, a taxable estate of
$1,047,674. These amounts did not include the assets of
Mrs. Chamberlain's estate that, petitioner claims, were
disclaimed under section 2518, and passed directly to Dale from
Mrs. Chamberlain's estate.
ULTIMATE FINDINGS OF FACT
At no time did decedent execute a written disclaimer of any
kind within the meaning of section 2518 or Oregon law.
At no time did decedent execute any written document by
means of which he irrevocably refused to accept assets otherwise
passing to him from the estate of Mrs. Chamberlain.
At no time did decedent execute a document that specifically
identified any interest in property disclaimed by him.
OPINION
The Chamberlains' estate plan provided that the bulk of the
estate of the first of them to die would be bequeathed to the
surviving spouse, and then to Dale after the death of the
survivor. Because of the 100-percent marital deduction for
property passing to the surviving spouse, such a plan by its
terms fails to take advantage of the unified credit in the estate
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