Estate of Theodore J. Chamberlain - Page 40




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          property to pass to heirs without inclusion in the taxable                  
          estate.  See sec. 2010; Manning et al., supra at 1-22.  If                  
          decedent sought to minimize his estate taxes "down to the last              
          dollar", he would have wanted to disclaim enough property to use            
          fully the unified credit in Mrs. Chamberlain's estate.  In                  
          contradiction to his own testimony, Dale testified that while he            
          and decedent were reviewing Exhibit 5-E, "he [decedent] was                 
          talking about these [the probate assets] would be the assets he             
          would disclaim."  The probate assets, including the $75,000 that            
          would be used to pay Dale's specific bequest, had a date of death           
          value of $492,761 yet the unified credit available for Mrs.                 
          Chamberlain's estate was $600,000.  Thus, unless decedent also              
          disclaimed a portion of his survivorship interests in joint                 
          tenancy property, $107,239 of the unified credit would be wasted.           
               At trial, Mr. Meyer testified that decedent had expressed              
          his intent to disclaim the probate assets.  This statement,                 
          however, contradicts Exhibits 4-D and 9-I, memoranda written by             
          Mr. Meyer and Mr. Kadish's responses thereto, and Exhibit 8-H,              
          the disclaimer document that was prepared by Mr. Kadish.  All 3             
          exhibits clearly contemplate a disclaimer of joint tenancy                  
          property to the extent necessary to use the full amount of the              
          unified credit, after taking into account the probate assets.  In           
          Exhibit 4-D, Mr. Kadish's response to Mr. Meyer illustrates that            
          they were of the view that joint tenancy property could be                  





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