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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 is
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