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The sole issue for decision is whether an interest in the
trust created by decedent’s will qualifies for the estate tax
marital deduction as “qualified terminable interest property”
(QTIP), within the meaning of section 2056(b)(7).
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference.
At the time of his death on December 20, 1996, decedent
resided in Cattaraugus County, New York. At the time of
decedent’s death, decedent and Josephine R. Aronson (Jo) were
married--and had been married 61 years--and they were U.S.
citizens and residents. Decedent was survived by, among others,
(1) Jo, (2) Barney R. Aronson (Barney), who is Jo’s son and
decedent’s adopted son, and (3) Barney P. Aronson (Bar), who is
Barney’s son and decedent’s grandson.
Bar is the executor of decedent’s estate. At the time the
petition was filed, Bar resided in Arcade, New York.
Decedent was born in 1913 near Lincoln, Nebraska. Decedent
was a knowledgeable businessman. Decedent founded and ran
Aronson Machine Co. He retired in 1969.
Decedent was a strong-willed, “bullheaded” man. He was self
made, and, even though he had only a high school education, he
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