Estate of Myrtle V. Dietz, Deceased, Edward A. Dietz, III, Executor - Page 2

                                        - 2 -                                         

          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                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011