ACTEC Endorsement of the Response by the Estate and Gift Tax Committee of the Real Property, Trust and Estate Law Section of the American Bar Association to the Request in IRS News Release IR-2007-127 on July 9, 2007 for comment on certain private letter rulings

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Daniel H. Markstein, III 
Maynard, Cooper Gale, P.C.
1901 6th Avenue North 
2400 AmSouth/Harbert Plaza 
Birmingham, Alabama 35203-2602 
Direct Dial: (205) 254-1043
October 9, 2007
Internal Revenue Service 
Attn: CC:PA:LPD:PR (CC:PSI:4) 
Room 5203, POB 7604 
Ben Franklin Station 
Washington, DC 20044
Re: IR-2007-127 (dated July 9,2007)
Ladies and Gentlemen:
As President of the American College of Trust and Estate Counsel (“ACTEC”), I write in response to the request contained in the above-referenced Internal Revenue Service (“IRS”) News Release asking for comments whether certain private letter rulings (the “PLRs”), such as PLRs 200715005200647001200637025200612002 and 200502014, issued by the IRS are consistent with certain prior revenue rulings, namely Rev. Rul. 76-503, 1976-2 CB 275 and Rev. Rul. 77-158, 1977-1 CB 285, with respect to the conclusion contained in each PLR that no member of the so-called “Distribution Committee” of the trust holds a general power of appointment under section 2514 of the Internal Revenue Code.
We have reviewed the comments submitted by members of the Estate and Gift Tax Committee of the Real Property, Trust and Estate Law Section of the American Bar Association. We agree with the substance of those comments and join in them.
ACTEC is a professional association of approximately 2,600 lawyers from throughout the United States. Fellows of the College are elected to membership by their peers on the basis of professional reputation and ability in the fields of trusts and estates and on the basis of having made substantial contributions to these fields through lecturing, writing, teaching and bar activities.
  Very truly yours. 

Daniel H. Markstein, III

cc: ACTEC Executive Committee
      Gerry A. Vogt, Eecutive Director