Estate of Myrtle V. Dietz, Deceased, Edward A. Dietz, III, Executor - Page 13

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          decedent had no testamentary powers over the final year's amount,           
          such amount should not be included in her gross estate.                     
               Section 2041(a)(2) requires inclusion of the value of "any             
          property with respect to which the decedent has at the time of              
          his death a general power of appointment * * * ".  The exceptions           
          to the definition of general power of appointment listed in                 
          section 2041(b) do not include a power only exercisable during              
          the holder's lifetime.  The inability of decedent to dispose of             
          the property at her death does not prevent the inclusion of the             
          final year's amount in her gross estate under section 2041(a)(2).           
               In conclusion, decedent's power over the trust had not                 
          lapsed at the time of her death.  Thus, section 2041(b)(2) does             
          not apply to the year of her death.  We hold that the final                 
          year's amount ($67,458.50) is includable in her gross estate                
          under section 2041(a)(2).                                                   
               In keeping with the above holding and to allow for                     
          additional estate tax deductions for certain administration                 
          expenses under section 2053(a)(2),                                          
                                                  Decision will be entered            
                                             under Rule 155.                          












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