Abstract

http://ssrn.com/abstract=2044437
 
 

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The Perils of Jointly Held General Powers of Appointment


Bridget J. Crawford


Pace University School of Law

April 23, 2012

Tax Notes, Vol. 135, No. 4, 2012

Abstract:     
This article provides an overview of the estate tax consequences of jointly-held general powers of appointment. To avoid triggering estate tax inclusion, a general power should be held with either the creator of the power or a person having a 'substantial' and 'adverse' interest in the exercise of the power. The determination that an interest is substantially adverse to the powerholder’s requires careful reference to the regulations. Jointly-held general powers of appointment are so complicated that they rarely are the most efficient drafting choice.

Number of Pages in PDF File: 5

Keywords: estate tax, power of appointment, general power, substantial, adverse

JEL Classification: K34, K39

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Date posted: April 24, 2012  

Suggested Citation

Crawford, Bridget J., The Perils of Jointly Held General Powers of Appointment (April 23, 2012). Tax Notes, Vol. 135, No. 4, 2012. Available at SSRN: http://ssrn.com/abstract=2044437

Contact Information

Bridget J. Crawford (Contact Author)
Pace University School of Law ( email )
78 North Broadway
White Plains, NY 10603
United States
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