Estate of Melvine B. Atkinson - Page 6




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          remainder interest from the trust considering the annuity payment           
          to Birchfield based on her normal life expectancy.  Petitioner              
          now asserts that this calculation had been done incorrectly and             
          that a shorter life expectancy should have been used resulting in           
          a greater charitable deduction for the remainder interest.                  
               Respondent determined that the charitable remainder annuity            
          trust was not a valid CRAT and that no charitable deduction was             
          available to the estate.  Respondent also determined that several           
          of the estate expenses were improperly deducted because they had            
          not been paid.  Though respondent agrees that several of the                
          deductions are now allowable, respondent continues to maintain              
          that the charitable deduction taken by the estate should be                 
          disallowed.  Respondent determined that the trust did not                   
          continue to function as a charitable remainder annuity trust for            
          two reasons:  First, when it failed to pay the required annual              
          amount to decedent during her life and, second, when the trust              
          ostensibly agreed to pay money towards the tax liability on the             
          funds distributed to Mary Birchfield in accordance with the                 
          settlement.  Petitioner maintains that the estate qualifies for a           
          charitable deduction under section 2055 and that it is entitled             
          to a refund because a greater charitable deduction should have              




               1(...continued)                                                        
          death, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     





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