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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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