ESTATE OF VISSERING V. COMMISSIONER
990 F.2d 578 (1993)
NATURE OF THE CASE: This was an action contesting the assessment of estate tax. Appealed.
Vissering (P) appealed a decision which held that at his death decedent held a general power
of appointment, under 26 U.S.C.S. 2041, and which required the assets of a trust be
included in his gross estate for federal estate tax purposes.
FACTS: The trust at issue was created by the decedent's mother. Under the terms of the
trust, decedent was a co-trustee as well as a beneficiary. The trust authorized the trustees
to pay any amount of the principal to the beneficiaries which the trustees deemed to be
'required for the continued comfort, support, maintenance or education' of the
beneficiaries. Based on this language, the IRS found that the decedent had powers over the
trust corpus, unrestrained by any ascertainable standard, which permitted him to invade it
for his own benefit. In making this determination, they focused on the language relating to
the 'comfort ' of the beneficiaries. The IRS therefore included the trust corpus in the
decedent's gross estate.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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