- 10 - $220,593 and issued a statutory notice of deficiency to the estate. On October 1, 2001, Evelyn L. Davis filed a “NOTICE OF IRREVOCABLE EXERCISE OF GENERAL POWER OF APPOINTMENT”, which provides: I, EVELYN DAVIS, the holder of the power to distribute income under the RALPH H. DAVIS DECLARATION OF TRUST DATED FEBRUARY 24, 1993 as amended April 9, 1996, pursuant to Paragraph 2 of said Amendment, do hereby irrevocably exercise my right to receive all of the income from this trust for the balance of my life. I do hereby exercise this instruction irrevocably, and hereby order that all of the income [be] paid to me quarter- annually or more frequently if necessary. This exercise is effective as of the date of death of my husband, RALPH H. DAVIS, pursuant to his instructions and intent as expressed to me. Discussion Section 2001 imposes a tax on the transfer of the taxable estate of all persons who are citizens or residents of the United States at the time of death. The amount of the tax depends on the size of the taxable estate, sec. 2001(b), which is equal to the value of the gross estate less deductions. Sec. 2051; see Estate of Armstrong v. Commissioner, 119 T.C. 220 (2002). Section 2056(a) allows a marital deduction from a decedent’s gross estate for the value of the property interests passing from the decedent to a decedent’s surviving spouse. Estate of Clack v. Commissioner, 106 T.C. 131, 137 (1996).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011