- 21 - Implied Trusts We apply Georgia State law to determine what interest the QTIP trust had in the South Property and North Property on the date of decedent’s death. See Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967); Estate of Spruill v. Commissioner, 88 T.C. 1197, 1216 (1987). Because the QTIP trust obtained its two undivided interests in the subject property from the limited partnership by quitclaim deed, the QTIP trust received only such interest as the limited partnership possessed at the time of the conveyance. See Chatham Amusement Co. v. Perry, 117 S.E.2d 320, 325 (Ga. 1960). Petitioner contends that when the limited partnership conveyed the undivided interests in the subject property to the QTIP trustee in 1988, the limited partnership held any beneficial interests in the timber and pecan orchards in implied resulting trusts in favor of Walter and Betty. Determining Applicable Georgia Statutory Law As a threshold matter, we must determine the appropriate Georgia statutory law to apply to the facts of this case. Effective July 1, 1991, chapter 12, regarding trusts, of title 53 of the Official Code of Georgia Annotated was repealed and reenacted to adopt the provisions of the Georgia Trust Act, which rewrote and reorganized the provisions of prior statutory law relating to implied trusts. The Georgia statutory law in effectPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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