Estate of Edward A. Boyd by Julia H. Boyd and Michael E. Boyd, Co-Personal Representatives v. Commissioner of Internal Revenue

POSNER, Circuit Judge.

If A in his will devises property to B and C, and B is his wife and everything he leaves to his wife qualifies for the marital deduction in the federal estate tax, and C disclaims his own bequest, then the amount of that bequest is added back to B’s share of the estate, passes to her by the will, and qualifies for the marital deduction. The same is true if the bequest to C is a bequest of whatever money is needed to pay some tax that C would otherwise owe. The question in this case is whether, if instead of making a formal bequest to C the will directs the executor to…