- 12 - death.5 Petitioner argues that, under this provision of the regulation, the trust did not come into being until the date of decedent’s death, and therefore no prior violation of the CRAT requirements could disqualify the trust. Petitioner’s position overlooks that this provision of the regulation is inapplicable to the trust involved here--an irrevocable trust established and funded by decedent during her lifetime. The application of this provision of the regulation, as reflected in its terms and illustrated by the accompanying examples, see sec. 1.664-1(a)(6), Income Tax Regs., is confined to testamentary trusts funded for the first time after the grantor’s death. In the present case, the trust is deemed created at the earliest time that neither the grantor nor any other person is treated as the owner of the entire trust. See sec. 1.664-1(a)(4), Income Tax Regs. Here, 5 Sec. 1.664-1(a)(5), Income Tax Regs., provides: (5) Rules applicable to testamentary transfers-- (i) Deferral of annuity or unitrust amount. Notwithstanding subparagraph (4) of this paragraph and �� 1.664-2 and 1.664-3, for purposes of sections 2055 and 2016 a charitable remainder trust shall be deemed created at the date of death of the decedent (even though the trust is not funded until the end of a reasonable period of administration or settlement) if the obligation to pay the annuity or unitrust amount with respect to the property passing in trust at the death of the decedent begins as of the date of death of the decedent, even though the requirement to pay such amount is deferred in accordance with the rules provided in this subparagraph. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011