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The Quince family establishes an Irrevocable Life Insurance Trust (ILIT) for their children. To ensure the annual gift qualifies for the gift tax annual exclusion, they include Crummey powers.

To avoid a taxable lapse of a power of appointment, the withdrawal power should be restricted to the greater of:

  1. The actual premium amount divided by the number of beneficiaries.
  2. 19,000 per beneficiary.
  3. 5,000 or 5% of the trust assets.
  4. 7,500 or 10% of the trust assets.

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