Estate of Aldo H. Fontana, Deceased, Richard A. Fontana and Joan F. Rebotarro, Co-Executors - Page 2




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                                       OPINION                                        

               FOLEY, Judge:  By notice dated March 15, 2000, respondent              
          determined an $830,720 Federal estate tax deficiency.  The issue            
          for determination is whether, for valuation purposes, stock owned           
          outright by Aldo H. Fontana must be aggregated with stock over              
          which he possessed a general power of appointment (GPA),                    
          exercisable only in his will (testamentary GPA).                            
                                     Background                                       
               Aldo and Doris F. Fontana, husband and wife, had two                   
          children, Richard A. Fontana and Joan F. Rebotarro.  Prior to               
          Doris’s death on April 18, 1993, Aldo and Doris owned, as                   
          community property, all of the outstanding voting and nonvoting             
          common shares of Fontana Ledyard Co., Inc. (Ledyard).  Pursuant             
          to Doris’s will, the residue of her estate was divided into two             
          trusts, Trust A and Trust B.  Aldo was trustee of both trusts.              
          Trust A and Trust B held 2,834 and 381 voting, and 18,090 and               
          2,435 nonvoting, shares of Ledyard, respectively.  During his               
          lifetime, Aldo received, from both trusts, all income and such              
          principal as was necessary for his proper support, care,                    
          maintenance, and education.  During his lifetime, Aldo had no               
          power to control distribution of the trusts’ assets, other than             
          as a fiduciary.  Aldo had a testamentary GPA over the assets held           
          by Trust A, and as a result Doris’s estate received a marital               







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