Estate of Edna Pearce Lockett Deceased, David F. Lanier, Personal Representative - Page 19

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             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, the                                      



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