- 8 - my death I may have a power of appointment or disposal, I direct my Executor to divide said residuary estate * * * as follows * * * It is the interrelationship of the two provisions cited immediately above that petitioners rely upon in advancing their argument that there is "no doubt that [Mrs. Ogden] really distributed the Trust together with her estate." Petitioners also argue10 that the "special" power of appointment that Mrs. Ogden possessed with respect to the trust converted to a "general" power of appointment on the date of Mrs. Ogden's death.11 The implication drawn from this argument is that section 2041(a) caused the whole of the trust's corpus to be included in Mrs. Ogden's gross estate. Respondent maintains that apart from the 5 percent over which Mrs. Ogden had a noncumulative right of withdrawal at her death, Oak Den does not receive a stepped-up basis because it did not become part of Mrs. Ogden's gross estate. According to respondent, Oak Den had an adjusted basis of $276,05012 when it was sold to RFSH. We agree with respondent. 10This argument is partially express and partially implied by the language used in petitioners' response. 11A "special" power of appointment is a power of appointment other than a "general" power of appointment. A "general" power of appointment is textually defined infra. 12Petitioners do not dispute the computation of this figure. Accordingly, we will not address such computation and will decide whether Oak Den's adjusted basis on the date it was sold to RFSH was $276,050 or $600,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011