- 36 - is entitled to “all the income from the property, payable annually or at more frequent intervals”. Sec. 2056(b)(7)(B)(ii). A QTIP interest must meet the requirements of section 20.2056(b)-5(f), Estate Tax Regs. Estate of Nicholson v. Commissioner, supra at 672; sec. 20.2056(b)-7(d)(2), Estate Tax Regs.; see H. Rept. 97-201, at 161 (1981), 1981-2 C.B. 352, 378. Section 20.2056(b)-5(f), Estate Tax Regs., provides that a surviving spouse is entitled to “all the income from the property” if the effect of the trust is to give her the equivalent “beneficial enjoyment” of the trust estate as one who is “unqualifiedly designated as the life beneficiary” under the principles of the law of trusts. Generally, absent indications to the contrary, the “designation of the spouse as sole income beneficiary for life of the entire interest or a specific portion of the entire interest will be sufficient”. Sec. 20.2056(b)- 5(f)(1), Estate Tax Regs. An interest passing in trust, however, does not provide that the surviving spouse is entitled to “all the income” to the extent that the income may be accumulated in the discretion of any person other than the surviving spouse or to the extent that the consent of any person other than the surviving spouse is required for distribution of the income. Sec. 20.2056(b)- 5(f)(7), Estate Tax Regs. Additionally, the terms “entitled for life” and “payable annually or more frequent intervals” requirePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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