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means the person to whom a power of appointment is given or in
whose favor a power of appointment is reserved.”).
D. Conclusion
We conclude that decedent’s execution of the document
entitled “POWER OF APPOINTMENT”, which became effective upon and
by reason of her death, constituted an acceptance of the property
in Trust A within the meaning of section 2518. Consequently, the
later attempted disclaimer by her executor was not qualified for
Federal estate tax purposes. The trust assets of approximately
$617,317 that were the subject of the disclaimer are therefore
includable in decedent’s gross estate.
II. Deductions From the Gross Estate for Charitable Gifts
A. General Rules
Section 2055(a) provides a deduction from the gross estate
for the value of bequests, legacies, devises, or transfers to,
inter alia, (1) the United States or a political subdivision
thereof, for public purposes; (2) corporations organized and
operated exclusively for religious, charitable, scientific,
literary, or educational purposes; and (3) trustees or fraternal
organizations, but only if the gifts are to be used exclusively
for religious, charitable, scientific, literary, or educational
purposes. Sec. 2055(a)(1), (2), and (3). Federal courts have
construed gifts to foreign political units, when clearly
restricted to charitable purposes, as gifts in trust within the
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