Estate of Sarah E. Greve, deceased, Charles E. Greve & David R. Greve, Co-Executors - Page 12

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               Revenue Service that the assets which were the subject                 
               of said Power of Appointment are includable in the                     
               gross Estate of Sarah W. Greve.  For this reason, on                   
               September 24, 1999, Charles E. Greve and David R.                      
               Greve, the Executors of the Estate of Sarah W. Greve                   
               filed a Disclaimer, as to the Estate of Sarah W. Greve,                
               as to said Power of Appointment with the Register of                   
               Wills of Allegheny County, Pennsylvania; and, on that                  
               same date, such Disclaimer was delivered to Mellon                     
               Bank, N.A., per Attorney Collins. * * *                                
                    The assets in said Trust and the fair market value                
               of those assets on the date when Sarah W. Greve died                   
               are shown on a document, issued by Mellon Bank, N.A.,                  
               entitled “Account Assets”. * * * The fair market value                 
               of a one sixth (1/6) share of said assets is                           
               $314,612.42.                                                           
                    It is the position of the Estate of Sarah W. Greve                
               that said $314,612.42 should not be included in the                    
               taxable Estate of Sarah W. Greve because Sarah W. Greve                
               did not specifically exercise her Power of Appointment                 
               in the manner as directed in the Will of Mrs. Wright.                  
                    It is the position of the six (6) children of                     
               Sarah W. Greve that said $314,612.42 passed to them, in                
               equal shares, pursuant to the Will of Mrs. Wright                      
               because they are the only heirs of Sarah W. Greve under                
               the Intestate Laws of the Commonwealth of Pennsylvania.                
                    Alternatively, if it is determined that the gen-                  
               eral residuary bequest in the Last Will and Testament                  
               of Sarah W. Greve constituted such an exercise, it is                  
               the position of the Estate of Sarah W. Greve that a                    
               proper and appropriate Disclaimer as to said Power of                  
               Appointment was timely filed.                                          
          The explanation as to Schedule H did not discuss any potential              
          issue with respect to the power of appointment that decedent had            
          with respect to $5,000 of the principal of the inter vivos trust.           
               Respondent issued a notice of deficiency (notice) to dece-             








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