- 7 - decedent's gross estate. Petitioner attached the following statement to its estate tax return: Statement Regarding Question 6 of Part 4 Item Two of the Will of James P. Letts, Jr., the late husband of Mildred G. Letts, created a trust for her benefit. Pursuant to the terms of that trust, Mildred G. Letts was to receive all of the income from the trust for life. She also was given the power to withdraw up to $40,000 from the trust each year (see Schedule H), but had no other general power of appointment. On the Form 706 filed on behalf of the estate of James P. Letts, Jr., a copy of which is attached hereto, the executor did not elect to treat the Item Two trust as qualified terminable interest property. Consequently, the assets held in the item two trust are not includible in the gross estate of Mildred G. Letts under section 2044. James P. Letts III and JoAnne L. Magbee signed decedent's Federal estate tax return. It was filed on April 20, 1992. Respondent determined that the value of the Item II trust is includable in decedent's gross estate.2 Petitioner concedes that $40,000 of the trust property is includable in decedent's gross estate because it was subject to decedent's power of withdrawal or appointment at her death. 2 The parties agree that the value of the Item II trust is $967,407 if the Court decides that the value of the Item II trust is includable in decedent's gross estate.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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