- 17 - appointment regardless of the nomenclature used in creating the power and regardless of local property law connotations. For example, if a trust instrument provides that the beneficiary may appropriate or con- sume the principal of the trust, the power to consume or appropriate is a power of appointment. * * * Sec. 20.2041-1(b)(1), Estate Tax Regs. The regulations under section 2041(b)(1) elaborate as follows on the definition of the term “general power of appoint- ment” set forth in that section: (c) Definition of “general power of appointment”–- (1) In general. The term “general power of appoint- ment” as defined in section 2041(b)(1) means any power of appointment exercisable in favor of the decedent, his estate, his creditors, or the creditors of his estate, except (i) joint powers, to the extent provided in � � 20.2041-2 and 20.2041-3 * * * A power of ap- pointment is not a general power if by its terms it is either-- (a) Exercisable only in favor of one or more designated persons or classes other than the decedent or his creditors, or the decedent’s estate or the creditors of his estate, or (b) Expressly not exercisable in favor of the decedent or his creditors, or the decedent’s estate or the creditors of his estate. Sec. 20.2041-1(c)(1), Estate Tax Regs. Although the estate’s position on brief regarding the power of appointment with respect to one-sixth of the principal of the testamentary trust is difficult to understand, as best we can comprehend it, the estate’s position is that, because the testa- mentary trust gave to decedent the power to “designate and appoint” in her will the persons to take one-sixth of the princi-Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011