- 12 - specific to Mr. Engelman’s property; and (3) execution of the document should not be characterized as the exercise of a power of appointment, due to the extent of decedent’s rights in Trust A. C. Analysis The estate’s point that execution of the power of appointment did not itself constitute an acceptance rests on Example (7) of section 25.2518-(2)(d)(4), Gift Tax Regs., which provides: Example (7). On January 1, 1980, A created an irrevocable trust in which B was given a testamentary general power of appointment over the trust’s corpus. B executed a will on June 1, 1980, in which B provided for the exercise of the power of appointment. On September 1, 1980, B disclaimed the testamentary power of appointment. Assuming the remaining requirements of section 2518(b) are satisfied, B’s disclaimer of the testamentary power of appointment is a qualified disclaimer. From the foregoing example, the estate deduces that execution of a revocable instrument providing for the exercise of a testamentary power of appointment effective at death does not preclude a later disclaimer of such power. Yet respondent does not argue otherwise, pointing out that merely executing an ambulatory instrument does not constitute acceptance because the instrument is subject to revision. Nor does there seem to be any significant disagreement between the parties about the corollary principle that an exercise of a power of appointment which has become effective mayPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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