Ascertainable Standard

A limitation applicable to the exercise of a power to invade, consume, or use property or the income from property. For purposes of § 2041 “a power is limited by such a standard if the extent of the holder’s duty to exercise and not to exercise the power is reasonably measurable. . . .” Reg. § 20.2041-1(c)(2). Property subject to a power to consume that is limited by an ascertainable standard relating to the decedent’s health, education, support, or maintenance is not included in his or her estate under § 2041.

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