Estate of Frank M. DiSanto, Deceased, Roxanne DiSanto Tinnell, Byrnadette DiSanto, and Frank DiSanto, Coexecutors - Page 3




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          $270,311 ($2.22 per share) as petitioners contend; or some other            
          amount.  We hold that it was $1,583,699 ($13 per share).                    
               3.   Whether Mr. DiSanto's estate may compute the marital              
          deduction based on the value of the stock (a controlling                    
          interest) he willed to Mrs. DiSanto, as petitioners contend, or             
          based on the value of the shares she was entitled to receive                
          after she executed the disclaimer (a minority interest), as                 
          respondent contends.  We hold that it must compute the marital              
          deduction based on the value of the shares Mrs. DiSanto was                 
          entitled to receive after she executed the disclaimer.                      
               4.   Whether checks written on Mrs. DiSanto's bank account             
          that the bank had not paid before she died were completed gifts             
          when she died.  We hold that they were not and that those amounts           
          are included in her estate.                                                 
               Unless otherwise indicated, section references are to the              
          Internal Revenue Code in effect when the decedents died.  Rule              
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Mr. and Mrs. DiSanto and Their Children                                
               Mr. and Mrs. DiSanto lived in Morganton, North Carolina.               
          Mr. DiSanto died on November 26, 1992.  Mrs. DiSanto had cancer             
          and was in very poor health when Mr. DiSanto died.  Mrs. DiSanto            
          died at 4:30 a.m. on Friday, June 4, 1993, before administration            






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