Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 17

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          entirety.  She died without having amended the document’s                   
          language or in any way restricted its reach.  Such conduct is               
          reasonably interpreted as implying an intent to direct or control           
          the property in a manner that conveys more than a de minimis                
          benefit to the third parties named in the power of appointment.             
          Hence, the subsequent disclaimer would lack efficacy for State              
          law purposes, and the relation-back doctrine would not apply.               
               Moreover, regardless of the validity of decedent’s                     
          disclaimer under State statutes, caselaw indicates that the                 
          relation-back concept is entitled to only limited recognition for           
          Federal tax purposes.  We acknowledge that, as pointed out by the           
          estate, this Court has relied on the doctrine in determining the            
          requisite signatory beneficiaries for a valid special use                   
          valuation election under section 2032A.  McDonald v.                        
          Commissioner, 89 T.C. 293, 304-305 (1987), affd. in part on this            
          issue and revd. in part on other grounds 853 F.2d 1494 (8th Cir.            
          1988).                                                                      
               In McDonald v. Commissioner, supra at 304-305, we held                 
          insufficient an election signed by the original disclaiming                 
          beneficiary, and not the ultimate recipients, of property to                
          which the election related.  We reasoned that the election was              
          intended to evidence the written consent of those parties                   
          obtaining an interest in the property to be personally liable for           
          any recapture tax imposed on later disposition or change in use             






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