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26 U.S.C. § 676Power to revoke

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 141 words · no verdicts yet

in plain englishAI-generated · not legal advice

The grantor is treated as owning a trust portion when the grantor or a non-adverse party can return its title to the grantor. A special rule applies when the power can affect beneficial enjoyment only after a later event.

(a) General rule The grantor shall be treated as the owner of any portion of a trust, whether or not he is treated as such owner under any other provision of this part, where at any time the power to revest in the grantor title to such portion is exercisable by the grantor or a non-adverse party, or both. (b) Power affecting beneficial enjoyment only after occurrence of event Subsection (a) shall not apply to a power the exercise of which can only affect the beneficial enjoyment of the income for a period commencing after the occurrence of an event such that a grantor would not be treated as the owner under section 673 if the power were a reversionary interest. But the grantor may be treated as the owner after the occurrence of such event unless the power is relinquished.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

The grantor shall be treated as the owner of any portion of a trust, whether or not he is treated as such owner under any other provision of this part, where at any time the power to revest in the grantor title to such portion is exercisable by the grantor or a non-adverse party, or both.

(b) Power affecting beneficial enjoyment only after occurrence of event

Subsection (a) shall not apply to a power the exercise of which can only affect the beneficial enjoyment of the income for a period commencing after the occurrence of an event such that a grantor would not be treated as the owner under section 673 if the power were a reversionary interest. But the grantor may be treated as the owner after the occurrence of such event unless the power is relinquished.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 230; Pub. L. 99–514, title XIV, § 1402(b)(2), Oct. 22, 1986, 100 Stat. 2712.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2712

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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