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98 T.C. No.

Volume 98 — Tax Court Numbered Opinion

1 opinion

98 T.C. No. 30ESTATE OF MANSCILL v. COMMISSIONER (1992)Decision will be entered under Rule 155
U.S. Tax Court
Decedent died testate. Petitioner claimed the surviving spouse had a qualifying income interest for life in property (QTIP) transferred from the decedent's estate… Held: the Trustee had the power to appoint part of the corpus of Fund B to someone other than the surviving spouse. The surviving spouse does not have a qualifying income interest for life. Petitioner is not entitled to a marital deduction for the property passing to Fund B. Sec. 2056(b)(7)(B)(ii), I.R.C. 1954.