- 52 - Commissioner, 100 T.C. at 58; sec. 20.2056(d)-2(b), Estate Tax Regs., we decline to adopt a rule whereby a spouse attempting to do so is forced to renounce rights allowed by the very terms of the deduction statute. Here, of the two elements required to establish a qualifying income interest for life and consequent eligibility for the QTIP deduction, we decided above that the first had been met. We then concluded that all interests affecting the second, with the possible exception of Mrs. Lassiter’s inter vivos power to appoint to descendants’ future spouses, had been properly disclaimed. Because this power is personal to Mr. Lassiter’s wife, and because we again have no reason to question its effectiveness under Georgia law, we observe that a qualified disclaimer thereof would parallel the situation approved for QTIP purposes in section 20.2056(b)-7(h), Example (4), Estate Tax Regs. Thus, the effect of our accepting Mrs. Lassiter’s disclaimer of her inter vivos power would be to render the Item V trust a deductible interest under section 2056(b)(7). Such deduction, in turn, would cause the property to be subject to Federal estate tax in Mrs. Lassiter’s estate. We therefore hold that Mrs. Lassiter made a qualified disclaimer of her inter vivos power over the Item V trust. Her ability to appoint trust property during her life has been extinguished. As a result, there remain no powers over the Item V trust of the typePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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