Estate of Myrtle V. Dietz, Deceased, Edward A. Dietz, III, Executor - Page 12

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               satisfied, will be considered as a taxable disposition.                
               * * *                                                                  
          S. Rept. 382, supra, 1951 U.S.C.C.A.N. at 1535-1536.                        
               The section 2041(b)(2) exception was not intended as an                
          exception to be applied to the property over which a decedent has           
          a general power of appointment at the time of death but rather as           
          an exception to be applied to the property over which such power            
          has lapsed, property the value of which, after the 1951 Act,                
          might be includable in the gross estate.  Based on the                      
          legislative history of section 2041(b)(2), we do not agree with             
          the estate's argument that the inclusion of the final year's                
          amount in decedent's gross estate defeats the purpose of that               
          section.  See also Estate of Kurz v. Commissioner, supra, where             
          we held that 5 percent of the principal of the family trust over            
          which Mrs. Kurz held a general power of appointment was                     
          includable in her gross estate even though the principal of the             
          marital trust had not yet been exhausted at the time of her                 
          death, a requirement for her to exercise her right to withdraw              
          principal from the family trust.                                            
          The Estate's Lack of Dominion or Control                                    
               The estate's final argument is that since the estate has no            
          dominion or control over the final year's amount, the estate                
          should not be taxed on the value of that property.  Petitioner              
          has cited no authority for this argument, but asserts that since            






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