Legal Opinion

Estate of Steinman v. Commissioner

United States Tax Court

Decided February 27, 1978No. Docket No. 4525-75Published

At decedent's death she held a general power of appointment over the corpus of a trust. Decedent received the power under the provisions of her husband's will. At the time he executed that will decedent elected to take under his will rather than take her statutory community property interest.

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At decedent's death she held a general power of appointment over the corpus of a trust. Decedent received the power under the provisions of her husband's will. At the time he executed that will decedent elected to take under his will rather than take her statutory community property interest. Held, the value of the corpus of the trust included in decedent's gross estate under sec. 2041(a) as a general power of appointment held at her death should not be reduced by reason of sec. 2043(a).

1Opinion of the Court

Estate of Bluma Steinman, Reuben Steinman and William Steinman, Co-Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Steinman v. Commissioner

Docket No. 4525-75

United States Tax Court

69 T.C. 804; 1978 U.S. Tax Ct. LEXIS 169;

February 27, 1978, Filed

Decision will be entered under Rule 155.

At decedent's death she held a general power of appointment over the corpus of a trust. Decedent received the power under the provisions of her husband's will. At the time he executed that will decedent elected to take under his will rather than take her statutory community property…

2Cases cited6 opinions

  1. Poe v. SeabornSupreme Court of the United States · 1930
  2. Estate of Daisy F. Christ, Deceased, Robert Johnson Christ v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1973
  3. Gregory v. CommissionerUnited States Tax Court · 1963
  4. Estate of Frothingham v. CommissionerUnited States Tax Court · 1973
  5. Bressani v. CommissionerUnited States Tax Court · 1966

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