T.C. Memo. 2000-324 UNITED STATES TAX COURT ESTATE OF HENRY A. LASSITER, DECEASED, PAULA ANN MASTERS LASSITER, ADMINISTRATOR, C.T.A., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 17643-98. Filed October 19, 2000. D executed a will in 1970 which set forth a testamentary plan placing the majority of D’s property into two trusts. The terms of one trust are such that a marital deduction is available for assets passing thereto. The other, residuary, trust does not as written satisfy the requirements for such a deduction, largely by reason of interests therein granted to persons other than D’s surviving spouse. Following D’s death in 1994, beneficiaries of his estate executed a series of disclaimers in an attempt to enable the residuary trust to qualify for the marital deduction under sec. 2056(b)(7), I.R.C. When this deduction was claimed for Federal estate tax purposes, it was disallowed by R. Held: The estate is entitled to a deduction pursuant to sec. 2056(b)(7), I.R.C., for property placed in the residuary trust established under D’s 1970 will.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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