Estate of Robert H. Lurie, Deceased, Ann Lurie, Executor - Page 7

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          that the marital deduction is reduced by the amount of Federal              
          estate tax ($47,459,641) payable out of property passing to the             
          surviving spouse from the revocable trust, leaving, according to            
          respondent, a marital deduction of $44,223,267.  The parties                
          agree that the value of the notice trusts is $40,471,059, and               
          that the value of the notice trusts is included in the gross                
          estate.                                                                     
                                       OPINION                                        
          A.   Whether Federal Estate Tax Is Payable From Property That               
               Would Otherwise Pass to the Surviving Spouse                           
               1.   Background                                                        
               A tax is imposed on the transfer of the taxable estate of              
          every decedent who is a citizen or resident of the United States.           
          Sec. 2001(a).  In computing the amount of the taxable estate, an            
          estate may deduct the value of property which passes from a                 
          decedent to the decedent’s spouse (marital deduction), but only             
          to the extent that that property is included in determining the             
          value of the gross estate.  Sec. 2056(a).  The marital deduction            
          is reduced by the amount of Federal estate tax payable from the             
          property passing to the surviving spouse.  Sec. 2056(b)(4).                 
               State law governs how a taxpayer’s estate tax burden is                
          allocated among its assets.  Riggs v. del Drago, 317 U.S. 95,               
          101-102 (1942); Estate of Sawyer v. Commissioner, 73 T.C. 1, 3              
          (1979).  Illinois law applies in this case.  Under Illinois law,            
          equitable apportionment applies if the decedent provided no                 





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