Estate of Melvine B. Atkinson - Page 7




                                        - 7 -                                         
          been allowed in light of the revised actuarial values for                   
          Birchfield’s annuity.                                                       
                                       OPINION                                        
               The issue before us is whether, in its operation, decedent’s           
          charitable remainder annuity trust met the statutory requirements           
          so as to qualify for a charitable deduction.  Specifically, we              
          consider whether the trust made the statutorily required payments           
          to decedent during her lifetime and the effect of the trust’s               
          obligation to make payments to the secondary beneficiary after              
          decedent’s death.  If we decide that the trust was operationally            
          qualified, we must then decide the appropriate life expectancy of           
          Mary Birchfield to decide whether petitioner is entitled to a               
          larger charitable deduction.  On brief and at trial,2 respondent            
          maintained that the trust failed to qualify as a CRAT for                   
          purposes of sections 2055 and 664 because of actions of the                 
          trustee and/or trustor.  If the trust is so disqualified, section           
          2055 precludes the taking of a charitable deduction for the                 
          charitable remainder interest.                                              
               Section 2055 provides for a deduction from the Federal gross           
          estate of an amount equal to the property passing from a decedent           
          to a charitable organization of the type described in subsection            

               2 At trial, respondent also raised the issue of whether                
          certain expenses of the trust were reasonable.  After reviewing             
          the pertinent materials, we found that the reasonability of the             
          fees was a new issue and therefore could not be raised for the              
          first time at trial.  Though respondent raises the issue again on           
          brief, we adhere to our earlier ruling.                                     





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

Last modified: May 25, 2011