- 6 - 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 orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011