David C. Roark and Estate of Irene Roark, Deceased, David C. Roark, Executor - Page 14

                                       - 14 -                                         


               Perhaps anticipating this, Roark tries to distinguish his              
          case from Addis’s by stating--correctly--that Addis admitted that           
          she expected the charity in her case to pay the premiums.  Addis            
          118 T.C. at 535.  Roark, in contrast, testified that he had no              
          idea what was going on with NCF and the charitable split-dollar             
          life insurance plan, and that every time he got information about           
          it, he simply turned it all over to Pippenger.                              
               We do not find this disavowal credible.  The idea for this             
          deal, after all, came from Pippenger--his financial, not his                
          charitable, adviser.  Roark had to have realized that the                   
          intricacy of the plan, plus the fact that it was being marketed             
          so extensively by American Express, suggested that as a practical           
          matter NCF would of course use money it got under such plans to             
          pay for insurance and not just add to its endowment.  Failure to            
          do so would have been a massive denial of its donors’                       
          expectations, as NCF itself recognized when it let loose with its           
          letterwriting surge after Congress began considering the excise             
          tax on premiums.                                                            
               We also find that NCF’s payment of the premiums was                    
          something of value to Roark.  Of the policy’s $2.2 million death            
          benefit, a maximum of only $489,000 would go to NCF.  The Trust,            
          which was set up by Roark and whose beneficiaries were his wife             
          and children, would receive the other $1.711 million.  The Trust            
          would thus take 78 percent of the total death benefit, while NCF            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011