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to amend terminated upon decedent’s death, and decedent’s share
(i.e., $5,000 of the principal of the inter vivos trust) was
withdrawn from that agreement and was disposed of according to
the terms of the deed of trust. Thus, even under the foregoing
assumptions, we conclude that decedent had a general power of
appointment in favor of herself with respect to $5,000 of the
principal of the inter vivos trust. See sec. 2041(b)(1). On the
record before us, we find that decedent had at the time of her
death a general power of appointment with respect to $5,000 of
the principal of the inter vivos trust. We hold that $5,000 is
includible in decedent’s gross estate under section 2041(a)(2).
We have considered all of the contentions and arguments of
the parties that are not discussed herein, and we find them to be
without merit, irrelevant, and/or moot.
To reflect the foregoing,
Decision will be entered
under Rule 155.
12(...continued)
that the agreement to amend the inter vivos trust had not termi-
nated before decedent’s death by (1) written notice by any
beneficiary to the trustee that that beneficiary desired to
terminate that agreement, (2) written notice by the trustee to
the attorney-in-fact that the trustee desired to terminate that
agreement, and/or (3) revocation by any beneficiary of the
appointment of the attorney-in-fact.
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