Hyde v. United States

ORDER

McAULIFFE, District Judge.

In this suit, the Estate of Dorothy Hyde seeks a refund of estate taxes it claims to have overpaid as a result of its having mistakenly included in the decedent’s gross taxable estate the value of certain trust assets over which Hyde had a power of appointment. The Internal Revenue Service (“IRS”) refused the refund claim on grounds that the decedent held a general power of appointment, effectively making the assets her own. Plaintiff appeals that decision on grounds that the power of appointment was not a general power for federal estate tax purposes because it…