Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 8

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               During relevant times, Ms. Mattson also served as the                  
          appointed conservator for the person and estate of Helen Adams.             
          In this capacity, on September 17, 1999, Ms. Mattson executed a             
          document entitled “DISCLAIMER OF INTEREST IN TRUST PROPERTY”.               
          The writing purported to disclaim “an income interest only in the           
          residue of Trust “A” of the  * * * ENGELMAN LIVING TRUST * * *              
          created by a Power of Appointment executed by LEONA ENGELMAN on             
          February 5, 1998”.  The estate concedes that this attempted                 
          disclaimer was untimely and “is moot”.                                      
                                     Discussion                                       
          I.  Inclusion of Trust Assets in the Gross Estate                           
               A.  General Rules                                                      
               As a general rule, the Internal Revenue Code imposes a                 
          Federal tax “on the transfer of the taxable estate of every                 
          decedent who is a citizen or resident of the United States.”                
          Sec. 2001(a).  The taxable estate, in turn, is defined as “the              
          value of the gross estate”, less applicable deductions.  Sec.               
          2051.  Section 2031(a) specifies that the gross estate comprises            
          “all property, real or personal, tangible or intangible, wherever           
          situated”, to the extent provided in sections 2033 through 2045.            
               Section 2033 broadly states that “The value of the gross               
          estate shall include the value of all property to the extent of             
          the interest therein of the decedent at the time of his death.”             
          Sections 2034 through 2045 then explicitly mandate inclusion of             






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