Estate of Edna Pearce Lockett Deceased, David F. Lanier, Personal Representative - Page 14

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          decisions of the Court of Appeals for the Fifth Circuit issued              
          prior to October 1, 1981.  Bonner v. City of Prichard, 661 F.2d             
          1206, 1209 (11th Cir. 1981).                                                
               In Florida Bank v. United States, supra, the decedent's will           
          directed the trustee to pay the widow $175 per month, pay an                
          annual $500 scholarship, and divide the balance of remaining                
          income, by reason of capital gains or otherwise, into three equal           
          portions for his children for as long as they should live, with             
          the remainder going to charity.  The Court held that the estate             
          was not entitled to a section 2055 deduction because there was no           
          way to determine whether the charitable beneficiaries would                 
          receive their bequest, nor what amount it would be if they were             
          to receive it.  The amount of the charitable remainder was not              
          ascertainable because the trustee had the discretion to buy and             
          sell securities and distribute the capital gains to the                     
          decedent's children.  The trustee could purchase securities, sell           
          them at a profit, and then distribute the capital gains to the              
          life beneficiaries.  If the securities in which the trustee                 
          reinvested the principal declined in value, the corpus could be             
          largely invaded.                                                            
              The Court indicated that the trustee's discretion to invade            
          the corpus by that means was not subject to a readily                       
          ascertainable standard that would preserve the deductibility of             
          the charitable bequest.  Id. at 468-471; see also Merchants Natl.           
          Bank v. Commissioner, 320 U.S. 256 (1943).  The Court                       



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