Asa rule, general powers of appointment are taxable, while special powers are not. The following powers are

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Asa rule, general powers of appointment are taxable, while special powers are not. The following powers are all special powers, except:

a. ‘The power to appoint property to any person or entity in the world except to oneself, the estate, or creditors.

b. The power to invade corpus to the extent necessary to maintain one’s present mode ofl iving (which includes

$1 million a year for servants, trips, jewelry, and a yacht).

c. ‘The power to appoint the property to the holder's children and to anyone else, but with the remainderman’s consent.

d. ‘The mere testamentary power to appoint the property to the creditors of the holder's estate.

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CCH Federal Taxation Basic Principles 2020

ISBN: 9780808051787

2020 Edition

Authors: Ephraim P. Smith, Philip J. Harmelink, James R. Hasselback

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