- 12 - “terminable interest”. Estate of Nicholson v. Commissioner, supra at 671. A “terminable interest”, generally, is a property interest that will terminate or fail “on the lapse of time, on the occurrence of an event or contingency, or on the failure of an event or contingency to occur”. Sec. 2056(b)(1). An interest in the nature of a life estate, therefore, is ineligible for the marital deduction pursuant to section 2056(b)(5). Estate of Nicholson v. Commissioner, supra at 671-672. The Economic Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, 95 Stat. 172, modified the rules for the marital deduction relating to terminable interests. ERTA sec. 403(d)(1), 95 Stat. 302, added section 2056(b)(7), which allows a marital deduction for qualified terminable interest property (QTIP) interests. Estate of Nicholson v. Commissioner, supra at 672. Section 2056(b)(7)(B) provides in pertinent part: (7) Election with respect to life estate for surviving spouse.-- * * * * * * * (B) * * * For purposes of this paragraph-- (i) In general.--The term “qualified terminable interest property” means property– (I) which passes from the decedent, (II) in which the surviving spouse has a qualifying income interest for life, and (III) to which an election underPage: 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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