- 12 - 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-Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011