- 10 - States, 428 F.2d 538, 544-545 (5th Cir. 1970); Estate of Edelman v. Commissioner, 38 T.C. 972, 976-977 (1962); see also Martin v. United States, 780 F.2d 1147, 1148 n.1 (4th Cir. 1986); Condon Natl. Bank v. United States, 349 F. Supp. 755, 759-760 (D. Kan. 1972); sec. 20.2041-1(c), Estate Tax Regs. II. Did Decedent Possess a General Power of Appointment Over the Marital Trust Property? A. The Parties’ Positions As discussed below, the court of special appeals has ruled that Mr. Posner’s will granted decedent no testamentary power of appointment over the marital trust property. Respondent does not dispute that ruling. Respondent contends, however, that Mr. Posner’s will granted decedent an inter vivos general power of appointment over the marital trust property so as to make it includable in her gross estate pursuant to section 2041(a). The estate argues that under applicable Maryland law, as adjudicated by the court of special appeals, decedent possessed no power of appointment over the marital trust property. Accordingly, the estate contends, inclusion of the marital trust property in decedent’s gross estate, as reported on the estate’s estate tax return, was in error. B. Decisions of the Maryland Courts State law, which creates legal interests and rights in property, including powers of appointment, determines the nature, scope, and validity of such legal interests and rights. SeePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011