- 14 - 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 CourtPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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