TAXATION - INHERITANCE AND ESTATE TAXES - POWERS OF APPOINTMENT

From time immemorial, problems arising from the creation and exercise of powers of appointment have proven enigmatic to the judiciary. These problems are not decadent but still possess an abundance of vitality. The increased complexity of statutes imposing death taxes has tended to foment litigation. These two fertile sources of intricate problems, in combination, have borne the apprehended fruits.

The taxation of powers of appointment has created problems of infinite variety, harassing alike the attorney, the judge and the legislator. The questions involved are not simply of academic or theoretical importance. Under our modern death tax statutes the questions are of primary practical significance, due to the fact that, while the power of -appointment is a useful and ingenious dispositive device, it may also be employed as an effective camouflage for a tax avoidance scheme.