- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011