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Sidney Gore Trust, to June 12, 1997, the date of her death.48
Consequently, we conclude that decedent did not complete any
transfer of Marital Fund assets to GFLP before her death on June
12, 1997. We consider, therefore, whether the estate was
obligated to include the value of Marital Fund assets allegedly
transferred to GFLP in decedent’s gross estate, either because
she owned them outright on the date of her death or,
alternatively, because she held a general power of appointment
over the Marital Fund assets on the date of her death.
IV. Inclusion of Marital Fund Assets in Decedent’s Estate
A. Sections 2033 and 2041
Section 2001 imposes a tax on the transfer of the taxable
estate of every decedent who is a citizen or resident of the
United States. Section 2051 provides that, for purposes of the
tax imposed by section 2001, the value of the taxable estate is
determined by deducting from the value of the gross estate
allowable deductions.
The gross estate of a decedent who is a citizen or resident
of the United States is determined in accordance with chapter 11,
subchapter A, part III, of the Code (part III). Part III
includes sections 2031 through 2046, which describe different
48The absence of any one element of an inter vivos transfer
of property is sufficient for us to find that no completed
transfer was made. See Fox v. Kramer (In re Estate of Estes),
983 P.2d 438, 445 (Okla. 1999).
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