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detriment, and (6) it is clear there has been no fraud or abuse
by the agent.
We conclude on the record in this case that it was
decedent’s intention to include the power to make gifts in the
powers of attorney given to Ms. Thompson and that the gifts made
by Ms. Thompson on December 30, 1993, and January 18, 1994, were
authorized by those powers of attorney. We hold that decedent
did not have the right to revoke the gifts on the date of her
death and that the gifts are not includable in decedent’s gross
estate under section 2038.
We have considered all remaining arguments made by the
parties for contrary holdings and, to the extent not discussed,
find them to be irrelevant or without merit.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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