- 5 - annuity trust. The probate judge signed a proposed order to that effect. At that time $667,000, representing the annuity payments due to Birchfield accrued from decedent’s death, was set aside for Birchfield. MacQuarrie delayed paying the accrued amount to Birchfield due to concern over a possible estate audit but motioned the court for approval to distribute the funds before a closing letter was obtained. The probate judge ordered that those funds be distributed to Birchfield, and a payment of $667,000 was made to Birchfield on December 31, 1996. Four additional payments were made to Birchfield towards her 5-percent annuity amount. No Federal estate or State death taxes were paid by Birchfield on the amounts she received. It was subsequently determined that funds from the administrative trust were insufficient to pay both the estate tax attributable to Birchfield’s interest and the administration expenses and retirement of decedent’s debts. Accordingly, it will be necessary to invade the CRAT to make up the shortfall. Birchfield died of breast cancer on April 22, 1997. At the time of the estate valuation calculation, MacQuarrie had asked for and received an affidavit from Birchfield’s doctor stating that Birchfield had a less than 5-year life expectancy. In accordance with section 7520,1 the estate valued the charitable 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect as of the date of decedent’s (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011