- 8 - 2044(a) to any property if a deduction was allowed with respect to the transfer of such property to the decedent under section 2056(b)(7). See Estate of Cavenaugh v. Commissioner, 100 T.C. 407, 417 (1993), affd. in part on this issue and revd. in part 51 F.3d 597, 599-601 (5th Cir. 1995). Under Andrew's will, decedent was entitled to all the income from the Marital Trust, payable quarterly, and no person had any power to appoint any part of the principal of the Marital Trust to any other person. Thus, decedent had a qualifying income interest for life under sections 2056(b)(7)(B)(ii)(I) and (II) and 2044(a). Andrew's estate was allowed a deduction under section 2056(b)(7) for $1,507,881.39 of the assets distributed to the Marital Trust under Article Five of Andrew's will. This satisfies section 2044(b)(1)(A). It follows that the value as of decedent's death of the QTIP deducted by Andrew's estate must be included in decedent's gross estate. Petitioner does not argue that the terms of Andrew's will and the Marital Trust are inconsistent with the foregoing analysis. Rather, petitioner appears to object to inclusion in the gross estate because the Marital Trust was allegedly mismanaged by its trustees.2 Petitioner contends that as a result of such mismanagement, not all the income was paid to decedent or for her benefit and that principal was appointed 2Petitioner has not established that such mismanagement occurred.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011