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section 2056(b)(7) and in] which the * * * [surviving spouse] had
a qualifying income interest for life." Sec. 2044(a). This
property is "treated as property passing from the" surviving
spouse, sec. 2044(c), and is taxed as part of the surviving
spouse's estate at death, but QTIP property does not actually
pass to or from the surviving spouse.
Respondent argues that decedent should be treated as the
owner of QTIP property for valuation purposes. Respondent has
identified nothing in the statute that indicates that Congress
intended that result or that QTIP assets should be aggregated
with other property in the estate for valuation purposes. Cf.
secs. 267, 318, 544 (indicating aggregation of interests in terms
of ownership). Furthermore, at no time did decedent possess,
control, or have any power of disposition over the FOH shares in
the QTIP trust. Cf. secs. 2035, 2036, 2041 (requiring inclusion
in the gross estate where a decedent had control over the assets
at some time during her life).
Section 2044 was amended by the Technical Corrections Act of
1982, Pub. L. 97-448, sec. 104(a)(1)(B), 96 Stat. 2365, 2380.
The legislative history accompanying that amendment provides no
additional guidance on whether the interests involved in this
case should be aggregated. Rather, "The bill clarifies that QTIP
property included in a deceased donee spouse's estate is treated
as passing from that spouse, for purposes of the estate tax,
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