Theodore S. Prokopov and Georgine O. Prokopov - Page 8

                                        - 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