Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 16

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          if all current payouts from the trust are expressed solely[13] as           
          a fixed dollar amount or a fixed percentage of the value of the             
          trust's assets."  Id. at 1518; S. Rept. 98-169 (Vol. 1), supra at           
          733.                                                                        
               Congress thus intended reformation to be available only if             
          the "creator" of the trust had made a bona fide attempt to comply           
          with the 1969 Act rules (i.e., the governing instrument as                  
          established by the trust's settlor expressed noncharitable                  
          payouts solely as fixed dollar amounts or a fixed percentage of             
          the value of the trust's assets) or a judicial proceeding to                
          reform the trust was commenced within 90 days after the return's            
          filing.                                                                     
               The estate cobbles together several arguments in an effort             
          to show that a "qualified reformation" occurred.  The estate                
          argues that the return statement served either to amend the trust           
          into a CRUT or to signify the trustee's intent to operate the               
          trust as a CRUT.  Furthermore, the estate contends, the trust was           
          in fact managed in accordance with the requirements for a CRUT,             
          as the total annual distributions to the noncharitable                      
          beneficiaries were equal to 5 percent of the fair market value of           
          the trust's assets in each of the years 2001 through 2004.                  


               13 The excerpts from the House and Senate committee reports            
          are identical, except that the word "solely" does not appear in             
          the House version.                                                          





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