Estate of Melvine B. Atkinson - Page 8




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          (a) of the section.  Subsection (a) includes organizations                  
          pursuing religious, charitable, scientific, literary, or                    
          educational purposes, or fostering amateur sports competition, or           
          preventing cruelty to children or animals, from which no net                
          earnings inure to a noncharitable private party and which do not            
          participate in political campaigning.  See sec. 2055(a)(2).                 
          However, no deduction shall be allowed if a charity receives a              
          remainder interest in property and if an interest in the same               
          property also passes to an individual or a noncharitable entity,            
          unless the charitable remainder interest is in a charitable                 
          remainder annuity trust, a charitable remainder unitrust, or a              
          pooled income fund.  See sec. 2055(e)(2)(A).  The trust                     
          established by decedent purports to be a CRAT, and if it were, a            
          gift of trust assets to charity would qualify for the charitable            
          deduction.                                                                  
               Section 664(d)(1) contains the definition of a charitable              
          remainder annuity trust.  A trust only qualifies as a CRAT if:              
          (1) It pays out a sum certain, not less than 5 percent of the               
          initial fair market value of the trust assets, annually or more             
          frequently to one or more persons for either the lifetime of such           
          person or a term of years (not more than 20 years); (2) no other            
          payments, besides those described in (1), are paid to or for the            
          use of a person other than an organization described by section             








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