Estate of Melvine B. Atkinson - Page 2




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               acceptable charitable entities, and here the trust will                
               be invaded to pay the estate tax attributable to a                     
               portion of the estate received by one of the                           
               noncharitable beneficiaries.                                           
               David D. Aughtry and Christopher J. MacQuarrie, for                    
          petitioner.                                                                 
               Francis C. Mucciolo, for respondent.                                   


               GERBER, Judge:  Respondent determined a deficiency in                  
          petitioner’s Federal estate tax in the amount of $2,654,976.  The           
          deficiency arose in connection with the operation of a charitable           
          remainder annuity trust (CRAT) created by decedent.  The issue              
          for our consideration is whether the trust functioned exclusively           
          as a charitable remainder trust from its creation, thereby                  
          remaining a valid trust, so as to qualify the estate for a                  
          charitable deduction for the remainder interest.                            
                                  FINDINGS OF FACT                                    
               The stipulation of facts and the exhibits attached thereto             
          are incorporated herein by this reference.                                  
               Melvine B. Atkinson (decedent), died on June 7, 1993, at the           
          age of 97, a resident of Miami Beach, Florida.  The executor of             
          her estate, Christopher J. MacQuarrie (MacQuarrie), also resided            
          in Florida at the time the petition was filed.                              
               On August 9, 1991, decedent placed stock worth $3,999,974 in           
          trust under a document entitled “Melvine B. Atkinson Charitable             
          Remainder Annuity Trust” (annuity trust) and named MacQuarrie as            






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