Estate of Antoinette P. Mitchell, the Farmers National Bank & Trust Company of Ashtabula v. Commissioner of Internal Revenue

BOYCE F. MARTIN, Jr., Circuit Judge.

The Commissioner of Internal Revenue appeals the Tax Court’s finding that Mitchell possessed a pre-1942 general power of appointment and, therefore, owed no estate tax. T.C. Memo. 1985-573. The relevant facts of this case are briefly summarized.

Antoinette P. Mitchell died testate on July 2, 1975. It is her estate tax return that is the subject of this litigation. Mitchell was a beneficiary of a trust established under the will dated April 6, 1929, of Cara R. Paine, her mother. Tracy H. Paine was duly appointed trustee of the testamentary trust and served as…