Mrs. Claude M. Williams, Individually, Etc., Cross-Appellants v. United States of America, Cross-Appellee

The controlling issue in this federal estate tax refund case is whether the pre-death incompetence of a decedent holding a general power of appointment permits exclusion from her estate of the property subject to that power. This Court has just decided that such property is includable in the decedent’s estate under section 2041 of the Internal Revenue Code, 26 U.S.C.A. § 2041. Estate of Gilchrist v. Commissioner, 630 F.2d 340 (5th Cir. 1980). We therefore reverse the district court’s decision for the taxpayer on the Government’s appeal. That decision also resolves against the taxpayer a…