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Which statement concerning a spouse as beneficiary of an ILIT is incorrect? A. A gift tax marital deduction is not available to a donor spouse

Which statement concerning a spouse as beneficiary of an ILIT is incorrect?

A.

A gift tax marital deduction is not available to a donor spouse when a policy is transferred to an ILIT because the spouses interest in trust is contingent upon surviving the insured.

B.

A surviving spouse cannot be given an ascertainable standard over trust corpus.

C.

A grantor spouse can take an annual exclusion for premium payments transferred to a trust when the beneficiary spouse has a Crummey power.

D.

If a trustee can only make discretionary distributions of income to the surviving spouse, the corpus is not included in the spouses estate.

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