William A. and Gayle T. Cook, Donors - Page 10




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          valuation as a single-life annuity, and correspondingly reduces             
          the amount of the taxable gift of the remainder.  Respondent                
          disagrees with this result.                                                 
               As pertinent herein, section 2702 provides:                            
               SEC. 2702.  SPECIAL VALUATION RULES IN CASE OF                         
                         TRANSFERS OF INTERESTS IN TRUSTS.                            
                    (a) Valuation Rules.--                                            
                         (1) In general.--Solely for purposes of                      
                    determining whether a transfer of an interest in                  
                    trust to (or for the benefit of) a member of the                  
                    transferor’s family is a gift (and the value of                   
                    such transfer), the value of any interest in such                 
                    trust retained by the transferor or any applicable                
                    family member * * * shall be determined as                        
                    provided in paragraph (2).                                        
                         (2) Valuation of retained interests.--                       
                              (A) In general.--The value of any                       
                         retained interest which is not a qualified                   
                         interest shall be treated as being zero.                     
                              (B) Valuation of qualified interest.--                  
                         The value of any retained interest which is a                
                         qualified interest shall be determined under                 
                         section 7520 [providing for use of valuation                 
                         tables prescribed by the Secretary for                       
                         annuities, life interests, etc.].                            
                         (3) Exceptions.--                                            
                              (A) In general.--This subsection shall                  
                         not apply to any transfer--                                  
                                   (i) if such transfer is an                         
                              incomplete gift,                                        
                              *    *    *    *    *    *    *                         
                              (B) Incomplete gift.--For purposes of                   
                         subparagraph (A), the term “incomplete gift”                 
                         means any transfer which would not be treated                





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