TAXATION - FEDERAL ESTATE TAX - WHAT IS A GENERAL POWER OF APPOINTMENT WITHIN THE MEANING OF THE FEDERAL STATUTE?

Authors

John H. Pickering, University of Michigan Law School

Abstract

Decedent exercised her testamentary power to appoint the income of a discretionary trust. The commissioner declared a tax deficiency for failure to include the property subject to the power in the gross estate. The executor appealed on the ground that the power was a special power under Wisconsin law since the trustee could withhold the income from any beneficiary. Held, the power was general since it was exercisable in favor of the donee's estate or her creditors and therefore the exercise of the power was taxable under section 302(f) of the Revenue Act of 1926. Morgan v. Commissioner, 309 U.S. 78, 60 S. Ct. 424 (1940).

Recommended Citation

John H. Pickering, TAXATION - FEDERAL ESTATE TAX - WHAT IS A GENERAL POWER OF APPOINTMENT WITHIN THE MEANING OF THE FEDERAL STATUTE?, 38 Mich. L. Rev. 1352 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss8/29