- 25 - repealed former section 2056(c), thus creating a deduction unlimited in amount. See ERTA sec. 403(a)(1)(A), 95 Stat. 301. At the time of its repeal, section 2056(c) had limited the aggregate deduction to the greater of $250,000 or 50 percent of the value of the adjusted gross estate. At the time the 1970 will was drafted, the limitation contained in section 2056(c) was simply 50 percent of the adjusted gross estate’s value. The estate now seeks through the various disclaimers to take advantage of these changes and to obtain a greater deduction than would be afforded by placing up to half of Mr. Lassiter’s assets in the Item IV trust. As a threshold matter, however, the estate will be unable to do so if bound by the transitional rule in section 403(e)(3) of ERTA, 95 Stat. 305. Section 403(e)(3) of ERTA retains the former aggregate amount limitation if four conditions are met: (A) the decedent dies after December 31, 1981, (B) by reason of the death of the decedent property passes from the decedent or is acquired from the decedent under a will executed before the date which is 30 days after the date of the enactment of this Act, or a trust created before such date, which contains a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by Federal law, (C) the formula referred to in subparagraph (B) was not amended to refer specifically to an unlimited marital deduction at any time after the date which is 30 days after the date of enactment of this Act, and before the death of the decedent, andPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011