-30- allowed under the test in Perkins v. Commissioner, 27 T.C. 601 (1956), or the "right to enjoy" test in Gilmore v. Commissioner, 213 F.2d 520 (6th Cir. 1954), revg. 20 T.C. 579 (1953). Crummey v. Commissioner, supra at 88. The Court of Appeals interpreted Perkins to hold that all that is necessary is to find that the demand could not be "legally resisted." Id. The Notice Issue The Weinstock Trusts require that whenever any transfer of property is made to the trusts, the trustee shall give written notice to the beneficiary of his or her withdrawal rights. However, neither Jack nor Lewis ever gave the adult beneficiaries, or the parents of the minor beneficiaries, written notice. The trustees' failure to comply with this trust provision, however, does not require a finding that the beneficiaries did not have present interests in the gifts. The sufficiency of the notice given the beneficiaries is a factor in the likelihood that the right of withdrawal will be exercised; it is not a factor in the legal right to demand payment from the trustee. Crummey v. Commissioner, 397 F.2d at 88; Estate of Cristofani v. Commissioner, supra at 80-81. Furthermore, during the years of the transfers, the only minor beneficiaries of the Weinstock Trusts were the children of the trustees.16 We do not think that the failure of a trustee to 16 In general, the age of legal majority in the State of (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011