Abstract

http://ssrn.com/abstract=2170368
 


 



Avoid Powers to Revoke, Alter, Amend, or Terminate


Bridget J. Crawford


Pace University School of Law

Loriann M. Low


Pace University - School of Law

October 2012

Tax Notes, Vol. 137, No. 1, 2012

Abstract:     
This article provides an introduction to section 2038, which provides that a decedent’s estate includes the value of all interests in property transferred by the decedent over which the decedent has a power to revoke, alter, amend, or terminate beneficial interests. After a discussion of the statutory language, this article provides an overview of the problems that can arise under section 2038, with special attention to cases in which powers held by a trustee will be imputed to a trust’s grantor. There is a short quiz at the end of the article that both experienced and beginning practitioners can use to gauge their understanding of section 2038.

Number of Pages in PDF File: 6

Keywords: trusts, incomplete gifts, gifts, revoke, alter, amend, terminate, 2038, estate tax, gross estate

JEL Classification: K34, K19

Accepted Paper Series


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Date posted: July 24, 2013  

Suggested Citation

Crawford, Bridget J. and Low, Loriann M., Avoid Powers to Revoke, Alter, Amend, or Terminate (October 2012). Tax Notes, Vol. 137, No. 1, 2012. Available at SSRN: http://ssrn.com/abstract=2170368

Contact Information

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