Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 11

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               B.  Contentions of the Parties                                         
               For purposes of the instant case, the estate concedes on               
          brief that “if Leona accepted the disclaimed property, the                  
          property of Trust B is included in Leona’s gross estate under               
          I.R.C. secs. 2036 and 2038.”  Accordingly, the dispute of the               
          parties centers primarily on whether decedent manifested                    
          acceptance of the assets purportedly disclaimed within the                  
          meaning of section 2518(b)(3).                                              
               Respondent contends that the so-called power of appointment            
          executed by decedent resulted in an acceptance violative of the             
          section 2518(b)(3) requirement.  Respondent asserts that when               
          decedent’s exercise of the power became effective and irrevocable           
          at her death, “there was a ‘manifestation of ownership’ and                 
          acceptance of the benefits of the power.”  Hence, it is                     
          respondent’s position that any subsequent disclaimer by the                 
          executor of decedent’s estate was not qualified under section               
          2518.                                                                       
               Conversely, the estate advances three principal arguments as           
          to why no acceptance occurred in the circumstances here.  The               
          estate maintains that the power of appointment did not result in            
          an acceptance because:  (1) Execution of the power did not itself           
          manifest any dominion and control over the property, nor did                
          exercise of the power ever become effective due to the relation-            
          back doctrine under State law; (2) execution of the power was not           






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