Indiana Department of State Revenue, Inheritance Tax Division v. Estate of Hungate

ROBERTSON, Judge.

The Indiana Department of State Revenue, Inheritance Tax Division (Department) appeals the decision finding that the assets of a trust were not included in the estate of Lola B. Hungate (Hungate).

We reverse.

Hungate was the beneficiary of a trust established by her husband, Vivian Beryl Hungate, in his will. The trust gave Hun-gate a general power of appointment as well as the right to invade the corpus of the trust. The relevant portions of the trust provided:(3) I hereby give to my wife a complete and unconditional power of appointment with respect to the corpus of Trust A…