Estate of Avrom A. Silver, Deceased, Bonny Fern Silver, Kenneth Kirsh, and Ronald Faust, Executors - Page 4

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               limited to the proportionate part of the U.S. assets                   
               that passes to the charitable legatees.                                
          Respondent calculated the deduction as follows:  ($516,268/$100             
          million) x $312,840 = $1,615 (i.e., the value of U.S. assets over           
          the value of worldwide assets multiplied by the amount of                   
          charitable bequests in issue).                                              
          Discussion                                                                  
               The estate argues that the value of decedent’s charitable              
          bequests is deductible in full pursuant to article XXIX B of the            
          convention, as amended by the 1995 Protocol.  Respondent argues             
          that only a proportional deduction is allowed because there is no           
          direction in the will regarding which property is to be used to             
          fund the bequests.                                                          
               A decedent who is not a resident or citizen of the United              
          States is subject to a tax on the transfer of the taxable estate            
          which is situated in the United States at the time of the                   
          decedent’s death (estate tax).  Secs. 2101, 2103.  Section                  
          2106(a)(2)(A)(ii) allows a deduction from the value of the                  
          decedent’s taxable estate for bequests to a domestic corporation            
          organized and operated for charitable purposes.3  Further, this             

               3  This section provides, in relevant part:                            
               SEC. 2106.  TAXABLE ESTATE                                             
                    (a)  Definition of Taxable Estate.--For purposes                  
               of the tax imposed by section 2101, the value of the                   
               taxable estate of every decedent nonresident not a                     
                                                             (continued...)           





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