Estate of Leon Amiel, Deceased, Leon L. Amiel, Administrator, c.t.a. - Page 11

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               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 an            




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