- 47 - not result in a failure to satisfy the requirement of section 2056(b)(7)(B)(ii)(II). * * * [Sec. 20.2056(b)- 7(d)(6), Estate Tax Regs.] Hence, the estate’s deduction will not be disallowed on the basis of this power. Concerning the trustee’s power to use principal for the support and education of the Lassiter children, we find that the descendants effectively disclaimed any right to receive under this power. Their situation parallels that recognized for marital deduction purposes in section 20.2056(b)-7(h), Example (4), Estate Tax Regs: Example 4. Power to distribute trust corpus to other beneficiaries. D’s will established a trust providing that S is entitled to receive at least annually all the trust income. The trustee is given the power to use annually during S’s lifetime $5,000 from the trust for the maintenance and support of S’s minor child, C. Any such distribution does not necessarily relieve S of S’s obligation to support and maintain C. S does not have a qualifying income interest for life in any portion of the trust because the bequest fails to satisfy the condition that no person have a power, other than a power the exercise of which takes effect only at or after S’s death, to appoint any part of the property to any person other than S. The trust would also be nondeductible under section 2056(b)(7) if S, rather than the trustee, held the power to appoint a portion of the principal to C. However, in the latter case, if S made a qualified disclaimer (within the meaning of section 2518) of the power to appoint to C, the trust could qualify for the marital deduction pursuant to section 2056(b)(7), assuming that the power is personal to S and S’s disclaimer terminates the power. Similarly, in either case, if C made a qualified disclaimer of C’s right to receive distributions from the trust, the trust would qualify under section 2056(b)(7), assuming that C’s disclaimer effectively negates the trustee’s power under local law.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011