# 26 U.S.C. § 676: Power to revoke

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s676>. Cite pinpoints as 26 U.S.C. § 676(a)(1).

## § 676(a) General rule

The grantor shall be treated as the owner of any portion of a trust, whether or not he is treated as such owner under any other provision of this part, where at any time the power to revest in the grantor title to such portion is exercisable by the grantor or a non-adverse party, or both.

## § 676(b) Power affecting beneficial enjoyment only after occurrence of event

Subsection (a) shall not apply to a power the exercise of which can only affect the beneficial enjoyment of the income for a period commencing after the occurrence of an event such that a grantor would not be treated as the owner under section 673 if the power were a reversionary interest. But the grantor may be treated as the owner after the occurrence of such event unless the power is relinquished.

## Regulations

- [Treas. Reg. § 1.676(a)-1](/26/reg/1.676(a)-1.md): Power to revest title to portion of trust property in grantor; general rule. (interprets § 676(a))
- [Treas. Reg. § 1.676(b)-1](/26/reg/1.676(b)-1.md): Powers exercisable only after a period of time. (interprets § 676(b))

## Leading cases

- [Flitcroft v. Commissioner, 39 T.C. 52 (1962)](https://www.courtlistener.com/opinion/4701239/flitcroft-v-commissioner/)
- [Wesenberg v. Commissioner, 69 T.C. 1005 (1978)](https://www.courtlistener.com/opinion/4704488/wesenberg-v-commissioner/)
- [Paxton v. Commissioner, 57 T.C. 627 (1972)](https://www.courtlistener.com/opinion/4703271/paxton-v-commissioner/)

## Connections

Cites: § 673 Reversionary interests

Cited by: § 645 Certain revocable trusts treated as part of estate; § 2035 Adjustments for certain gifts made within 3 years of decedent’s death

Derived from: 1939 § 166; 1939 § 167

## Amendments

- 1954-08-16: [Act Aug. 16, 1954, ch. 736](/26/act/1954-ch736.md), 68A Stat. 230
- 1986-10-22: [Pub. L. 99-514](/26/act/99-514.md), 100 Stat. 2712