Whenever any person or corporation shall be given a power of appointment over any property by a transfer which is subject to the provisions of sections 77-2001 to 77-2008.02, whether such power is created before or after June 13, 1955, such power of appointment shall be deemed a transfer of the interest in the property which is subject to such power from the donor to the donee of such power at the date of the donor's death; Provided, if at the date of the donor's death, the power of appointment is limited, in whole or in part, to be exercised in favor of one or more specific beneficiaries or classes of beneficiaries, then, to the extent it is so limited, such power of appointment shall not be deemed a transfer from the donor to the donee of the power, but shall be deemed a transfer of the interest in the property which is subject to the power from the donor of the power to the specific beneficiary or class of beneficiaries, as of the date of the donor's death.
Notes of Decisions
Dickerson v. Cnty. of Adams, 571 N.W.2d 269 (Neb. 1997).
· cites it 30× “03 provides: Whenever any person or corporation shall be given a power of appointment over any property by a transfer which is subject to the provisions of sections 77-2001 to 77-2008.02, whether such power is created before or after June 13, 1955, such power of appointment…”
Cnty. of Douglas v. Muchemore, 560 N.W.2d 477 (Neb. 1997).
· cites it 8× “The appellee contended that Neb. Rev. Stat. § 77-2008.03 (Reissue 1996) requires that the assets in the marital deduction trust that are subject to the power of appointment in the appellee be deemed transferred to the appellee as of the time of the decedent’s death and are,…”
Best v. United States, 902 F. Supp. 1023 (D. Neb. 1995).
· cites it 4× “Consequently, when Gertie McDonald died, the question was whether the proceeds from Gertie McDonald’s sale of real estate which had been subject to her life estate constituted property taxable under Nebraska law in reference to a power of appointment, namely, Neb.Rev.Stat. §…”
McDonald v. Shaughnessy, 231 N.W.2d 332 (Neb. 1975).
· cites it 2× “Sufficient it is to say that the conclusions reached herein are harmonious with the applicable inheritance tax statute, section 77-2008.03, R. R. S. 1943, and the applicable provisions as to powers of appointment in the Internal Revenue Code.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.