- 16 - marital deduction gift as a transfer that is intended to qualify for the marital deduction. Accordingly, we inquire whether decedent evinced the intention that the property transferred to his testamentary trust would qualify for the marital deduction. Id.; see Estate of Heim v. Commissioner, supra. In the instant case, we must interpret Section Two of the amended trust, which provides that the trustee shall pay: all of the net income from the trust estate as the trustee, in the trustee’s reasonable discretion, shall determine to be proper for the health, education, or support, maintenance, comfort and welfare of grantor’s surviving spouse in accordance with the surviving spouse’s accustomed manner of living. Pursuant to Section Two of the amended trust, the surviving spouse’s right to receive income is significantly restricted. In determining the appropriate amount of income to distribute to the surviving spouse, Section Two of the amended trust charges the trustee to consider, in the trustee’s reasonable discretion, the surviving spouse’s health, education, support, maintenance, 8(...continued) SEC. 21520. DEFINITIONS.-- * * * * * * * (a) “Marital deduction” means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the federal gift tax deduction allowed for transfers under Section 2523 of the Internal Revenue Code. (b) “Marital deduction gift” means a transfer of property that is intended to qualify for the marital deduction.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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