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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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