ESTATE OF VISSERING v. C.I.R.

No. 91-9024.

990 F.2d 578 (1993)

ESTATE OF Norman H. VISSERING, Deceased, Elizabeth L. Lafferty, Executrix, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 6, 1993.


Attorney(s) appearing for the Case

Douglas M. Cain, Sherman & Howard (Raymond J. Turner and Katherine F. Beckes, with him on the briefs), Denver, CO, for petitioner-appellant.

Robert W. Metzler, Atty., Tax Div. (James A. Bruton, Acting Asst. Atty. Gen., and Robert S. Pomerance, Atty., Tax Div., with him on the brief), Dept. of Justice, Washington, DC, for respondent-appellee.

John B. Jones, Jr. and Thomas H. Odom of Covington & Burling, Washington, DC, and John A. DeVault, III of Bedell, Dittmar, DeVault & Pillans, Jacksonville, FL, filed a brief of amicus curiae on behalf of their law firms.

Before McKAY, Chief Judge, LOGAN and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

The estate of decedent Norman H. Vissering appeals from a judgment of the Tax Court determining that he held at his death a general power of appointment as defined by I.R.C. § 2041, and requiring that the assets of a trust of which he was cotrustee be included in his gross estate for federal estate tax purposes. The appeal turns on whether decedent held powers permitting him to invade the principal of the trust for his own benefit unrestrained...

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