- 24 - 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 toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011