Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 15

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          distributions of income are limited by an ascertainable standard,             
          which is inconsistent with the QTIP requirement that the                      
          surviving spouse be entitled to all income from the trust                     
               Conversely, the estate argues that respondent’s position                 
          regarding revocation of the 1970 will is both procedurally and                
          substantively misplaced.  The estate claims that the issue of                 
          revocation was not pleaded and raised for the first time on                   
          brief, such that its consideration would be prejudicial to the                
          estate at this stage in the litigation.  Moreover, it is the                  
          estate’s position that no evidence exists sufficient to support a             
          finding of revocation under Georgia law.                                      
               Thus treating the 1970 will as valid and controlling, the                
          estate contends that, after giving effect to the various                      
          disclaimers, a QTIP deduction under section 2056(b)(7) is                     
          appropriate with respect to the property passing to the Item V                
          trust.  The estate avers that the disclaimers and Georgia law                 
          enable the residuary trust to comport with the statutory                      
          requirement that the surviving spouse be entitled to all income,              
          distributable at least annually.  Furthermore, the estate                     
          maintains that case law demands a broad and liberal                           
          interpretation of the marital deduction and, at the very least,               
          that the disclaimers render the disposition here consistent with              

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