Estate of Dorothy Walsh, Deceased, Charles E. Walsh, Personal Respresentative - Page 7

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                    contingency, or on the failure of an event or                     
                    contingency to occur, an interest passing to                      
                    the surviving spouse will terminate or fail,                      
                    no deduction shall be allowed under this                          
                    section with respect to such interest—-                           
                              (A) if an interest in such                              
                         property passes or has passed (for                           
                         less than an adequate and full                               
                         consideration in money or money's                            
                         worth) from the decedent to any                              
                         person other than such surviving                             
                         spouse (or the estate of such                                
                         spouse); and                                                 
                              (B) if by reason of such                                
                         passing such person (or his heirs                            
                         or assigns) may possess or enjoy                             
                         any part of such property after                              
                         such termination or failure of the                           
                         interest so passing to the                                   
                         surviving spouse;                                            
                    and no deduction shall be allowed with                            
                    respect to such interest (even if such                            
                    deduction is not disallowed under                                 
                    subparagraphs (A) and (B))—-                                      
                         *    *    *    *    *    *    *                              
                         (5) Life estate with power of                                
                    appointment in surviving spouse.--In the case                     
                    of an interest in property passing from the                       
                    decedent, if his surviving spouse is entitled                     
                    for life to all the income from the entire                        
                    interest, or all the income from a specific                       
                    portion thereof, payable annually or at more                      
                    frequent intervals, with power in the                             
                    surviving spouse to appoint the entire                            
                    interest, or such specific portion                                
                    (exercisable in favor of such surviving                           
                    spouse, or of the estate of such surviving                        
                    spouse, or in favor of either, whether or not                     
                    in each case the power is exercisable in                          
                    favor of others), and with no power in any                        
                    other person to appoint any part of the                           
                    interest, or such specific portion, to any                        
                    person other than the surviving spouse—                           
                              (A) the interest or such                                
                         portion thereof so passing shall,                            


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