Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 42




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          not required to introduce any additional or different evidence              
          than petitioner already has introduced to prove that the values             
          of the Marital Fund assets should not be included in decedent’s             
          gross estate under section 2041(a)(2).  The record already                  
          contains the necessary evidence for us to decide whether decedent           
          transferred her interest in Marital Fund assets to GFLP or to its           
          partners before her death and, if she did not, whether decedent             
          held a general power of appointment over Marital Fund assets on             
          the date of her death.  As a result, we will consider                       
          respondent’s argument regarding the application of section                  
          2041(a)(2) as necessary.                                                    
          III. Whether Decedent Completed Transfers of Marital Fund Assets            
               Before Her Death                                                       
               A.  The Alleged Withdrawal and Transfers                               
               On January 8, 1997, decedent executed an assignment that               
          provided for the withdrawal of all of the assets from the Marital           
          Fund and for the following transfers of Marital Fund assets:                
               1.  The transfer of Marital Fund assets having a value of              
          $100,000 to the Pamela Powell Trust for no consideration;                   



               40(...continued)                                                       
          of Kurz v. Commissioner, 101 T.C. 44 (1993), supplemented T.C.              
          Memo. 1994-221, affd. 68 F.3d 1027 (7th Cir. 1995).  In addition,           
          respondent’s position on brief conflicts with the admission made            
          in his answer in docket No. 467-02 that “the Sidney Gore                    
          revocable trust provided for a marital trust, as to the principal           
          of which decedent, Sylvia Gore, had a general power of                      
          appointment.”                                                               





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