Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 60




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          Marital Fund assets to GFLP.  Because decedent, on the date of              
          her death, continued to own, control, and use Marital Fund                  
          assets, the value of the Marital Fund assets allegedly                      
          transferred to GFLP, including income therefrom as of the                   
          appropriate valuation date, must be included in decedent’s gross            
          estate under sections 2031(a) and 2033.                                     
               We recognize, of course, that our holding under section 2033           
          depends for its accuracy on our conclusion that decedent                    
          effectively withdrew the Marital Fund assets from the Sidney Gore           
          Trust.  Even if our conclusion is wrong, however, the value of              
          the Marital Fund assets would still be includable in decedent’s             
          gross estate because decedent, on the date of her death, had a              
          general power of appointment within the meaning of section                  
          2041(a)(2) with respect to any Marital Fund assets still subject            
          to the Sidney Gore Trust.                                                   
               Section 2041(b)(1) defines a general power of appointment as           
          a power exercisable in favor of the decedent, her estate, her               
          creditors, or the creditors of her estate.  A general power of              
          appointment over the corpus of a trust exists where the lifetime            
          income beneficiary has the unrestricted power to distribute the             
          corpus of the trust to herself.  Sec. 20.2041-3(f), Example (3),            
          Estate Tax Regs.  In that situation, the entire corpus of the               
          trust as of the time of death is includable in the decedent’s               
          gross estate under section 2041.  Secs. 20.2041-1(b)(1), 20.2041-           






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