- 17 - 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”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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