Estate of Charles N. Aronson, Deceased, Barney P. Aronson, Executor - Page 44

                                       - 44 -                                         
          explanation of the 1993 will also contemplated a sizable estate             
          tax and GST tax “burden”.                                                   
               Decedent’s other major concern (other than maintaining                 
          Hundred Acres and the Big House as a monument to him) was that              
          his estate pass through probate with no difficulties.  Decedent             
          included language in the 1988 proposed will, which he wrote, for            
          Mr. Newman to sign indicating that the will would pass through              
          probate with no difficulties.  Decedent restated this concern in            
          1993 when he wrote to Mr. Newman and sought assurance that his              
          will would go through probate successfully and would withstand              
          any challenges.                                                             
               The extrinsic evidence shows that Mr. Newman did exactly as            
          decedent wished:  He used the language decedent wanted, he                  
          prepared a will that was probated successfully, and he prepared a           
          will in which decedent set aside money after taxes for Bar to               
          maintain Hundred Acres and the Big House.  Decedent specifically            
          did not have the 1993 will drafted with an intention to maximize            
          the marital deduction or minimize the estate tax.  Accordingly,             
          there is no reason to contort the language decedent used to                 
          achieve that result.  See Estate of Heim v. Commissioner, 914               
          F.2d 1322 (9th Cir. 1990), affg. T.C. Memo. 1988-433; Estate of             
          Nicholson v. Commissioner, 94 T.C. at 679.                                  









Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011