-11- Section 2056(b)(7) permits an unlimited marital deduction for QTIP, which is defined as property passing from the decedent to the surviving spouse in which the surviving spouse has a "qualifying income interest for life" and as to which an election has been made. To have a qualifying income interest for life, the surviving spouse must be entitled to all of the income from the QTIP for life, payable annually or at more frequent intervals, and no person, including the surviving spouse, can appoint any part of the property to any person other than the surviving spouse. Sec. 2056(b)(7)(B)(ii)(I) and (II). In the instant case, respondent admits that the property in the Part B trust passed from decedent to his surviving spouse and that an election was properly made. Respondent argues that decedent's surviving spouse, Hilda, did not have a qualifying income interest in the Part B trust property for life because decedent's will permits the trustee of the Part B trust to invade the corpus not only for the benefit of decedent's wife, but also for his daughters and grandchildren. Petitioner contends that the language of the will does not permit invasion of the corpus of the Part B trust during the lifetime of decedent's surviving spouse. We agree with respondent. Article four, paragraph C, of decedent's will provides that the trustees may invade the trust corpus "at any time * * * for the benefit of my wife or for the benefit of any beneficiary of any trust". Petitioner contends that the trustees' power to invade on behalf of "any beneficiary" should be construed as limited to anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011