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power of appointment at the time of her death includible in
decedent’s gross estate under section 2041(a)(1)?1 We hold that
it is.
(2) Is certain property with respect to which decedent had a
power of appointment at the time of her death includible in
decedent’s gross estate under section 2041(a)(2)? We hold that
it is.
FINDINGS OF FACT
Most of the facts have been stipulated and are so found.
Decedent was a resident of Pennsylvania at the time of her
death on December 27, 1998.
At the time the petition was filed, Charles E. Greve and
David R. Greve, decedent’s sons and the co-executors (executors)
of the estate, had a mailing address in Pittsburgh, Pennsylvania.
On July 29, 1933, Sarah S. Wright (Ms. Wright), decedent’s
grandmother, executed her last will and testament (Ms. Wright’s
will) under which Ms. Wright, inter alia, created a testamentary
trust (testamentary trust). Ms. Wright’s will provided in
pertinent part as follows:
SECOND: I give and bequeath all of the bonds and
all of the corporate stocks which I may own at the time
1All section references are to the Internal Revenue Code
(Code) in effect on the date of decedent’s death. All Rule
references are to the Tax Court Rules of Practice and Procedure.
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