Estate of Dorothy Walsh, Deceased, Charles E. Walsh, Personal Respresentative - Page 14

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          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.                                          



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