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death, and all Rule references are to the Tax Court Rules of
Practice and Procedure.
The issue for decision is whether Myrtle V. Dietz possessed
at her death a general power of appointment over the Edward A.
Dietz Trust that requires inclusion in decedent's gross estate
under section 2041(a)(2) of $67,458.50, representing 5 percent of
the value of the trust on the date of decedent's death.
FINDINGS OF FACT
This case has been submitted fully stipulated. The
stipulation of facts and the exhibits attached thereto are
incorporated herein by this reference.
Myrtle V. Dietz (decedent) resided in Fort Worth, Texas, at
the time of her death on July 12, 1992. Edward A. Dietz III (the
executor) was granted letters testamentary by the Probate Court
in Tarrant County, Texas, on August 10, 1992. The executor
resided in Fort Worth, Texas, at the time the petition was filed.
Decedent was married to Edward A. Dietz (Mr. Dietz) from
June 1926 until his death on November 22, 1975. They had two
children during their marriage: Edward A. Dietz, Jr. (Edward
Jr.), who was born May 9, 1931, and died February 11, 1990; and
Virginia M. Dietz Wallace (Virginia), who was born January 26,
1928, and died December 24, 1993.
Edward Jr. was married to Barbara Stratton Dietz from
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