Estate of Eleanor T.R. Trotter - Page 17

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          formality without intended economic substance.  In addition, such           
          construction is strengthened still further by fact that the                 
          trust’s having been funded solely with a single piece of real               
          estate would have made any attempt to effectuate a withdrawal               
          complex and burdensome at best.  While it is not entirely clear             
          from the document how the provision would operate in this                   
          circumstance, we doubt that any beneficiary would seriously have            
          contemplated forcing the trustee to sell the home so that he or             
          she could collect $10,000.                                                  
               Lastly, we observe that the four cases cited by the estate             
          in support of its position do not lead us to reach a result                 
          different from that which appears compelled by the facts before             
          us.  In particular, the estate cites United States v. Byrum, 408            
          U.S. 125 (1972); Estate of Wall v. Commissioner, 101 T.C. 300               
          (1993); Estate of Beckwith v. Commissioner, 55 T.C. 242 (1970);             
          and Estate of Chalmers v. Commissioner, T.C. Memo. 1972-158.                
          However, the principles that the estate asks us to glean from               
          these cases seem to be drawn primarily from the courts’                     
          discussions of section 2036(a)(2), rather than section                      
          2036(a)(1).  We do not dispute that courts have construed the               
          term “right” as used in section 2036(a)(2) to mean an                       
          ascertainable and legally enforceable power.  See United States             
          v. Byrum, supra at 136; Estate of Wall v. Commissioner, supra at            
          310-311.  Nor do we disagree that the “practical considerations”            

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