- 19 -19 distributed to not more than 10 charitable or educational institutions, to be selected by the trustee and the County Judge of Orange County, Florida. The District Court upheld a charitable deduction under section 2055. United States v. Leonhardt, supra, is distinguishable from the case at hand. In Leonhardt, the decedent expressed an intent to transfer property exclusively to charitable organizations. The possibility that a charitable contribution would not become effective was deemed negligible. In the present case, the trustees had discretion to transfer the property to an individual or to a noncharitable entity. There was a more than merely negligible possibility that a charitable transfer would never occur. The case at hand is more similar to the facts of Estate of Taylor v. Commissioner, supra, and Paris v. United States, supra, where the decedent's intentions to memorialize their relatives could be carried out without the transfer of property to, or the establishment of, a qualified charitable organization. In short, we hold that petitioner is not entitled to a charitable deduction under section 2055, even though the trustees eventually transferred portions of the decedent's property to a qualified organization. In light of the wide discretion afforded to the trustees, it was the trustees rather than the decedent who made the charitable transfer. Because Messrs. Lanier and Pearce had the power to set aside decedent's home as a historic site without making a contribution to a qualifying organization, thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011