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In light of the foregoing, the estate contends a marital
deduction is allowable for the full value of decedent’s interest
in the California property received by the surviving spouse,
while respondent maintains that only three-eighths of the value
of decedent’s interest in the Monte Vista and Calle Victoria
parcels may be considered in computing the deduction.
More specifically, the estate’s position is that “The U.S.
property received by the surviving spouse was in bona fide
recognition of her rights to 3/8ths of the entire residue of
decedent’s estate and therefore passed from the decedent.”
Respondent, in contrast, interprets the language of the will as
granting to the surviving spouse only an undivided three-eighths
interest in each residuary asset. Thus, as framed by the
parties, the dispute turns on what rights in the residuary pool
were afforded to decedent’s wife by the terms of his will and
Hong Kong law.
However, we need not address this challenging question of
will construction. Even if we were to assume for the sake of
argument that the fractional share legacy set forth in decedent’s
will could be construed as a right to three-eighths of the
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