- 7 - 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 noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011