- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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