- 60 - 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-Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 NextLast modified: November 10, 2007