-13- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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