- 2 - 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 maritalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011