- 14 - power over the corpus if the contingent event occurred before the surviving spouse either withdrew the corpus or provided in his will for the corpus' disposition. Given this possible loss of power, we are unable to conclude that the surviving spouse's power of appointment was exercisable by the surviving spouse alone, see sec. 20.2056(b)-5(g)(1), Estate Tax Regs., and that it was exercisable by the surviving spouse in all events, see sec. 20.2056(b)-5(g)(3), Estate Tax Regs.;6 see also S. Rept. 1013, 80th Cong., 2d Sess. 17 (1948), 1948-1 C.B. 285, 343 ("An example of a power which * * * [is not exercisable alone and in all events] is a power which (unless sooner exercised or released) will terminate on * * * [a given date], or on the date of death of the surviving spouse, whichever occurs first.").7 Section 20.2056(b)-5(g)(1) and (3), Estate Tax Regs., provides: (g) Power of appointment in surviving spouse.-- (1) The conditions * * * that the surviving spouse must have a power of appointment exercisable in favor of herself or her estate and exercisable alone and in all events, are not met unless the power of the surviving spouse to appoint the entire interest or a specific portion of it falls within one of the following categories: 6 We are also unable to conclude that the Trust meets the requirements of sec. 2056(b)(5) in that the Agreement provides that the surviving spouse is not entitled to any trust income upon incompetency. 7 This report accompanied H.R. 4790, 80th Cong., 2d Sess. (1948), which was enacted as the Revenue Act of 1948, ch. 168, 62 Stat. 110. Sec. 2056(b) had its origin in sec. 361 of the Revenue Act of 1948, 62 Stat. 117.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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