Estate of Charles N. Aronson, Deceased, Barney P. Aronson, Executor - Page 36

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          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” require             






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