Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 17

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               Petitioner contends that the Johnco share value on John's              
          date of death as postulated in the John Appraisal performed by              
          RPR in December 1992--namely, $44.65 per share--must be used for            
          purposes of determining the number of shares received by Andrew             
          pursuant to the unified credit bequest.  Petitioner thus                    
          calculates that 2,380 shares of Johnco stock were required to               
          fund a unified credit bequest of $106,25111 (2,380 shares x                 
          $44.65 = $106,26712), leaving 80,485 shares in John's residuary             
          estate inherited by decedent.13   In petitioner's view, the                 
          $86.80 per-share value reported on John's estate's return as the            
          value of the Johnco shares on John's date of death should not be            
          used for purposes of determining the number of shares passing to            
          Andrew pursuant to the unified credit bequest because the terms             
          of John's will required that the bequest be funded with Johnco              
          shares "as such shares * * * are valued by independent appraisal            


               11 Although the returns for both John's and decedent's                 
          estates used the assumption that Andrew's unified credit bequest            
          was equal to $140,150, petitioner contends that this amount was             
          subsequently recomputed to be $106,251.  Since the lower figure             
          is adverse to petitioner's interests (because it has the effect             
          of increasing the number of shares that passed to decedent's                
          estate pursuant to the residuary clause of John's will), we                 
          accept it as established.                                                   
               12 There is a $16 discrepancy in petitioner's computations,            
          but we consider it immaterial.                                              
               13 The position taken by petitioner on the return for                  
          decedent's estate--that there were 79,730 (rather than 80,485)              
          Johnco shares includable in the estate--was also premised on the            
          $44.65 per-share appraised value of the Johnco shares.  The                 
          difference results from the downward revision in the calculation            
          of Andrew's unified credit bequest as equal to $106,251 rather              
          than the original $140,150 assumed when the return was filed.               

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