- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011