Estate of Harriet R. Mellinger, Deceased, Hugh V. Hunter and Wells Fargo Bank, Co-Executors - Page 18




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          including the charitable and marital deductions."   S. Rept.                
          97-592, at 20 (1982), 1983-1 C.B. 475, 483.  In addition, the               
          legislative history to the amendment does not suggest that                  
          Congress intended that section 2044 property be treated as being            
          owned by the second spouse to die for purposes of aggregation and           
          does not provide for aggregation with other fractional interests            
          in the same property included in the decedent's estate under                
          section 2033.  Neither section 2044 nor the legislative history             
          indicates that decedent should be treated as the owner of QTIP              
          property for this purpose.                                                  
               In Estate of Bonner v. United States, 84 F.3d at 198, the              
          decedent died owning fractional shares in several pieces of real            
          property with the remaining ownership interests being held in a             
          QTIP trust established by his wife at her death.  As provided in            
          section 2044, the interest that was held by the QTIP trust was              
          included in the decedent's estate.  The fractional shares that              
          were owned outright by the decedent were also included in the               
          decedent's estate pursuant to section 2033.  The executor of the            
          decedent's estate, however, valued each interest separately with            
          a 45-percent discount.  The Government argued that the fractional           
          interests in the real property should be aggregated for valuation           
          purposes.                                                                   
               The Court of Appeals, relying on its prior holding in Estate           
          of Bright v. United States, 658 F.2d at 1001, concluded that the            





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