Estate of Ralph H. Davis, Deceased, Evelyn Davis, Personal Representative - Page 24




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          Commissioner, 91 T.C. 61 (1988), affd. sub nom. Manufacturers               
          Natl. Bank v. Commissioner, 897 F.2d 856 (6th Cir. 1990).  That             
          result was changed by section 2056(b)(7), which provides:                   
               (7) Election with respect to life estate for surviving                 
          spouse.--                                                                   
                    (A) In general.–-In the case of qualified terminable              
               interest property–-                                                    
                         (i) for purposes of subsection (a), such property            
                    shall be treated as passing to the surviving spouse,              
                    and                                                               
                         (ii) for purposes of paragraph (1)(A), no part of            
                    such property shall be treated as passing to any person           
                    other than the surviving spouse.                                  
                    (B) Qualified terminable interest property defined.–-             
               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, or has a usufruct                
                         interest for life in the property, and                       
                              (II) no person has a power to appoint any               
                         part of the property to any other person other               
                         than the surviving spouse.                                   
               For the surviving spouse’s income interest in the trust to             





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