Estate of Myrtle V. Dietz, Deceased, Edward A. Dietz, III, Executor - Page 9

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               to B for life with remainder to B's issue.  Assume                     
               further that B was given a non-cumulative right to                     
               withdraw $10,000 a year from the principal of the trust                
               fund * * * .  In such case, the failure of B to                        
               exercise his right of withdrawal will not result in                    
               estate tax with respect to the power to withdraw                       
               $10,000 which lapses each year before the year of B's                  
               death.  At B's death there will be included in his                     
               gross estate the $10,000 which he was entitled to                      
               withdraw for the year in which his death occurs less                   
               any amount which he may have taken during that year.  *                
               * *                                                                    
          Sec. 20.2041-3(d)(3), Estate Tax Regs.                                      
               The above example is taken directly from the Senate Report             
          on the Powers of Appointment Act of 1951, ch. 165, sec. 2, 65               
          Stat. 91.  See S. Rept. 382, 82d Cong., 1st Sess. (1951),                   
          reprinted in 1951 U.S.Code Cong. & Admin. News (U.S.C.C.A.N.)               
          1530.  With respect to then proposed new section 811(f)(5), which           
          in substance is identical to current section 2041(b)(2), the                
          Senate report stated:                                                       
               The House bill provided that the failure to exercise a                 
               future power which lapses during the life of the holder                
               of the power shall not be deemed an exercise or release                
               of the power.  An amendment by your committee modifies                 
               this latter provision so as to exempt from estate and                  
               gift tax only limited amounts of property subject to                   
               lapsed powers.  The committee amendment provides an                    
               annual exemption with respect to the lapsed powers                     
               equal to $5,000 or 5 percent of the trust or fund in                   
               which the lapsed power existed, whichever is the                       
               greater.  Thus, for example, if a person has a                         
               noncumulative right to withdraw $10,000 a year from the                
               principal of a $200,000 trust fund, failure to exercise                
               this right will not result in either estate or gift tax                
               with respect to the power over $10,000 which lapses                    
               each year prior to the year of death.  At his death                    
               there will be included in his gross estate the $10,000                 
               which he was entitled to draw for the year in which his                
               death occurs, less any sums which he may have taken on                 




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