- 29 - death. Id. The annuity was funded through purchase of a contract policy listing the initial payee as “‘Wilford Arrington and Deborah Arrington, as Parents and Next Friends of William Arrington, for the sole use and benefit of William Arrington,’” and listing the contingent payee as the child’s estate. Id. at 146. The court held that the child was the sole beneficial owner of the annuity, such that its value was includable in his gross estate under section 2033. Id. at 147-148, 150. The estate maintains that Arrington v. United States, supra, is distinguishable on its facts largely because the annuity payments there, unlike here, were directly traceable to the child’s claims and because here, unlike there, decedent’s parents were granted control to direct the payments to other than decedent’s estate. As to the former, although the language of the settlement agreement in Arrington v. United States, supra, may have been more explicit in naming the child as the beneficiary of the annuity, we find the overall structure of the settlement agreement here to be equally persuasive. Notably, the agreement in Arrington v. United States, supra, would appear to have earmarked no compensation for the child’s parents, while here decedent’s parents were designated as the payees of specific sums. As to the latter complaint, we refer again to the fact that the alleged control of decedent’s parents by its termsPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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