Estate of Leon Amiel, Deceased, Leon L. Amiel, Administrator, c.t.a. - Page 13

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          marriage and acquiring or establishing a business. The                      
          beneficiaries of any such invasion of corpus are decedent's wife,           
          daughters, and grandchildren.  The will does not prohibit an                
          invasion of corpus for the benefit of decedent's daughters and              
          grandchildren during the lifetime of the surviving spouse.                  
          Decedent did not intend that only his descendants who married after         
          the death of his wife could receive funds for furnishing a home.            
               A similar provision was interpreted in Estate of Bowling v.            
          Commissioner, 93 T.C. 286 (1989).  The will provided:                       
                    "(g) The Trustee named herein shall be authorized to              
               encroach upon the corpus of said Trust for any emergency               
               needs which effect [sic] the support, maintenance and                  
               health needs of any beneficiary of said Trust, with said               
               encroachment to be at the discretion of said Trustee."                 
          Id. at 289.  We therein held that the trust property did not                
          qualify for QTIP treatment because the trustee could invade corpus          
          for emergency needs of other beneficiaries during the lifetime of           
          the surviving spouse.  Id. at 294.                                          
               Petitioner cites several cases where references to "any                
          beneficiary"  were  held  to  refer  only  to  current  income              
          beneficiaries.  We find those cases distinguishable from the                
          instant one.  Each case is decided on the specific language                 
          involved.  Here, as previously stated, we believe decedent's clear          
          intent was to permit the trustees of the Part B trust to provide            
          for emergency and other needs of decedent's daughters and                   
          grandchildren during the lifetime of his surviving spouse.                  
               We have considered all the arguments advanced by petitioner.           




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