Estate of Norman H. Vissering, Deceased, Elizabeth L. Lafferty v. Commissioner of Internal Revenue

LOGAN, Circuit Judge.

The estate of decedent Norman H. Vis-sering appeals from a judgment of the Tax Court determining that he held at his death a general power of appointment as defined by I.R.C. § 2041, and requiring that the assets of a trust of which he was cotrustee be included in his gross estate for federal estate tax purposes. The appeal turns on whether decedent held powers permitting him to invade the principal of the trust for his own benefit unrestrained by an ascertainable standard relating to health, education, support, or maintenance. The trust was created by decedent’s mother…