- 2 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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