- 37 - between encroachment and trust res. As regards the Item IV trust and the Item V trust shares to be established for the descendants after Mrs. Lassiter’s death, the trustee is “authorized to encroach on the corpus of the property” and “authorized to encroach upon the principal of the share”, respectively. In contrast, encroach is never the verb used in phrases expressly addressing payment of income. We thus have no basis for deciding that an unconventional sense is meant in Item V(b) and conclude that the instruction is not germane to our discussion of the surviving spouse’s income rights. Accordingly, we move to analysis of whether Georgia law affords Mrs. Lassiter the right to all income at least annually. The regulations under section 2056(b)(7) which interpret this requirement provide generally that The provisions of local law are taken into account in determining whether the conditions of section 2056(b)(7)(B)(ii)(I) are satisfied. For example, silence of a trust instrument as to the frequency of payment is not regarded as a failure to satisfy the requirement that the income must be payable to the surviving spouse annually or more frequently unless applicable local law permits payments less frequently. [Sec. 20.2056(b)-7(g), Estate Tax Regs.] The regulations also offer more specific guidance for certain issues by indicating that the principles of section 20.2056(b)- 5(f), Estate Tax Regs., apply in determining whether the surviving spouse is entitled to all income. See sec. 20.2056(b)- 7(d)(2), Estate Tax Regs. Among the principles so referenced isPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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