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valuation were used for funding the unified credit bequest--be
shifted from the surviving spouse to the unified credit bequest
beneficiary. For example, at the $86.80 per-share value reported
on John's estate's return, it would take 1,224 Johnco shares to
fund a $106,251 unified credit bequest, leaving 81,641 shares to
the surviving spouse, eligible for the marital deduction. But if
the unified credit bequest were later funded using a $44.65 per-
share value, it would take 2,379 shares to do so, thereby
shifting 1,155 shares (2,379 - 1,224 = 1,155) that were eligible
for the marital deduction on the return as filed to the unified
credit bequest beneficiary. Given that John's will clearly is
drafted to maximize the benefit of the unified credit bequest and
the marital deduction, we shall not ascribe to John an intent
that would place the marital deduction in jeopardy. Accordingly,
we interpret John's will as requiring that the same Johnco share
value reported on the estate tax return for John's estate be used
for purposes of funding the unified credit bequest. Based on
that value ($86.80 per share) and a unified credit bequest equal
to $106,251, the number of shares passing to Andrew pursuant to
the unified credit bequest was 1,224 (1,224 shares x $86.80 =
$106,243). As a result, the number of Johnco shares passing to
decedent pursuant to the residuary clause of John's will, and
includable in her estate, was 81,641, or 98 percent of the
outstanding shares of Johnco.
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