Estate of Frank M. DiSanto, Deceased, Roxanne DiSanto Tinnell, Byrnadette DiSanto, and Frank DiSanto, Coexecutors - Page 20




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               In Rev. Rul. 81-20, 1981-1 C.B. 471, respondent ruled that             
          an estate may deduct under section 2055 a decedent’s bequest of             
          the residue of his estate to a charity under certain conditions.            
          Petitioners contend that, under Rev. Rul. 81-20, 1991-1 C.B. 471,           
          we must compute the marital deduction for Mr. DiSanto’s estate as           
          a residuary interest because Mr. DiSanto gave Mrs. DiSanto a                
          residuary interest in his estate, not stock.  We disagree that              
          Rev. Rul. 82-20, 1991-1 C.B. 471, applies because it does not               
          involve a marital deduction.                                                
               Petitioners contend that we must base the marital deduction            
          on the value of Mr. DiSanto’s controlling interest in MD&F stock.           
          We disagree.  An estate may deduct "an amount equal to the value            
          of * * * property which passes or has passed from the decedent to           
          his surviving spouse".  Sec. 2056(a).  The value of the marital             
          deduction for a devised interest in stock of a closely held                 
          corporation equals the value of the interest that passes to the             
          surviving spouse.  See sec. 2056(b)(4); sec. 20.2056(b)-4(a),               
          Estate Tax Regs.; Estate of Chenoweth v. Commissioner, 88 T.C.              
          1577, 1588-1589 (1987).  Thus, the marital deduction for Mr.                
          DiSanto's estate is based on the value of the interest that                 
          passed from Mr. DiSanto's estate to Mrs. DiSanto.                           
               Mrs. DiSanto's disclaimer reduced the value of her interest            
          in Mr. DiSanto's estate, and reduced the amount of the marital              
          deduction for Mr. DiSanto's estate.  See sec. 2518(a).  We have             
          decided that the fair market value of each share of MD&F stock              




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