Estate of Dorothy Walsh, Deceased, Charles E. Walsh, Personal Respresentative - Page 6

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                              discretion as * * * [a                                  
                              distribution to or in                                   
                              trust for the settlors'                                 
                              children].                                              
          Mr. Walsh has not executed the power of appointment mentioned in            
          the Agreement, and neither his will nor the decedent's will                 
          provided for the exercise of this power.                                    
               The decedent's Federal estate tax return reported a gross              
          estate of $1,533,805, deductions of $933,805, a taxable estate of           
          $600,000, and no tax liability.  The reported deductions included           
          funeral and administrative expenses of $13,198 and a marital                
          deduction of $920,607.  The estate claimed the marital deduction            
          with respect to the assets passing to Trust A under the                     
          Agreement.                                                                  
                                     Discussion                                       
               We must decide whether the property passing to Trust A                 
          qualifies for the marital deduction under section 2056.  Section            
          2056 provides in part:                                                      
               SEC. 2056.  BEQUESTS, ETC., TO SURVIVING SPOUSE.                       
                    (a) Allowance of Marital Deduction.--* * * the                    
               value of the taxable estate shall, except as limited by                
               subsection (b), be determined by deducting from the                    
               value of the gross estate an amount equal to the value                 
               of any interest in property which passes or has passed                 
               from the decedent to his surviving spouse, but only to                 
               the extent that such interest is included in                           
               determining the value of the gross estate.                             
                    (b) Limitation in the Case of Life Estate or Other                
               Terminable Interest.--                                                 
                         (1) General rule.--Where, on the lapse                       
                    of time, on the occurrence of an event or                         



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