Internal Revenue Service
Revenue Ruling

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 Rev. Rul. 54-90

1954-1 C.B. 194

Full Text

Rev. Rul. 54-90

A decedent possessed at her death a power of appointment over property which was not includible in her gross estate under section 811(f) of the Internal Revenue Code as amended by the Powers of Appointment Act of 1951 but while was expressly made available under her will for the payment of all legacies, as were her probate assets. Held , for the purpose of computing the amount allowable as a charitable deduction under section 812(d) of the Internal Revenue Code, all bequests, charitable and noncharitable (except for bequests of specific assets) are considered payable pro rata out of the probate assets and the appointed property. Therefore, only the amount which is determined to be paid to charities pro rata out of the probate assets is deductible under section 812(d) of the Code.