- 11 - 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 notPage: 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