- 11 - checks, nor did petitioner present any evidence demonstrating a gap in the check sequence. Though MacQuarrie testified that he made copies of checks written on the trust account, no such copies were presented to evidence these alleged payments. On the other hand, we do have evidence that no payments were ever actually consummated before decedent’s death. The trust was never diminished by any payments during decedent’s life. Because the trust value was undiminished and no transfer of funds occurred, operationally the trust did not meet the express 5- percent requirement of the statute and cannot qualify for treatment as a charitable remainder trust. Accordingly, section 2055 applies, and the estate is not entitled to a deduction for the bequest of a charitable split-interest.4 Petitioner alternatively argues that the trust should not be disqualified as a CRAT for the lack of payments to decedent because the failure of action took place during the trustor’s lifetime. Petitioner argues that section 1.664-1(a)(5), Income Tax Regs., allows for CRAT’s created inter vivos to ignore all of the requirements established by section 664 until the moment of 4 The additional failure of the trust attributable to the payments to the secondary beneficiary, when coupled with the more technical “5 percent rule” makes respondent’s position that the trust failed operationally more compelling. See infra pp. 14-15.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011