Estate of Robert H. Lurie, Deceased, Ann Lurie, Executor - Page 3

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               3.  Whether the marital deduction is reduced under section             
          2056(b)(4) by the amount of Federal estate tax paid by the                  
          revocable trust with property that would otherwise pass to                  
          decedent’s surviving spouse.  We hold that it is.                           
               Section references are to the Internal Revenue Code in                 
          effect as of the date of decedent’s death.  Rule references are             
          to the Tax Court Rules of Practice and Procedure.                           
                                  FINDINGS OF FACT                                    
          A.   Decedent and His Family                                                
               Decedent died on June 20, 1990.  He was domiciled in                   
          Illinois on that date.  Decedent was survived by his wife (Ann              
          Lurie) and six minor children.  Ann Lurie, the executor of                  
          decedent’s estate, lived in Winnetka, Illinois, when the petition           
          was filed.                                                                  
          B.   Trusts Created Before Decedent Executed the Will                       
               1.   Notice Trusts                                                     
                    a.   LF Trusts                                                    
               Decedent’s mother created 10 Robert Lurie Family Trusts (LF            
          Trusts) in May 1969.  On February 3 and 5, 1990, decedent                   
          exercised his limited powers of appointment over the LF Trusts to           
          create 6 trusts, 1 for the benefit of each of his six children,             
          to succeed and receive the assets of the 10 LF trusts.                      
          Decedent’s six children were the sole beneficiaries of the six              
          successor trusts.  The LF trusts contain no provision for the               
          payment of Federal estate tax from trust assets.                            




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