- 35 - for QTIP interests. Estate of Nicholson v. Commissioner, supra at 672. A QTIP interest is one in which a decedent passes to the surviving spouse a “qualifying income interest for life” and for which an election has been made. Sec. 2056(b)(7)(B)(i);6 Estate of Nicholson v. Commissioner, supra. Generally, when the surviving spouse has a “qualifying income interest for life”, she 6 Sec. 2056(b)(7)(B), in pertinent part, provides: (7) Election with respect to life estate for surviving spouse.-- * * * * * * * (B) * * * For purposes of this paragraph-- (i) In general.--The term “qualified terminable interest property” means property– (I) which passes from the decedent, (II) in which the surviving spouse has a qualifying income interest for life, and (III) to which an election under this paragraph applies. (ii) Qualifying income interest for life.--The surviving spouse has a qualifying income interest for life if-- (I) the surviving spouse is entitled to all the income from the property, payable annually or at more frequent intervals, * * * and (II) no person has a power to appoint any part of the property to any person other than the surviving spouse.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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