Estate of Melvine B. Atkinson - Page 14




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          98-169, Vol. I at 732 (Comm. Print 1984).  Here the trust was               
          validly formulated, and its terms were within the statutory                 
          threshold requirements.  Accordingly, reformation is not needed             
          to “rewrite” incorrect terms.  The operational failure cannot be            
          corrected by reformation.  Therefore, the concept of reformation            
          has no application here.                                                    
          Payments to Birchfield                                                      
               In addition to the failure in operation that occurred when             
          no payments were made to decedent in accordance with the trust              
          terms, the trust is disqualified from being a CRAT because it               
          will be necessary to invade the trust to satisfy the obligations            
          of the estate, which include the estate and death taxes                     
          apportionable to Mary Birchfield’s beneficial interest in the               
          trust.  The estate bears the responsibility for those tax                   
          payments.  As discussed earlier, the funds in the administrative            
          trust are not sufficient to pay decedent’s debts, the                       
          administration expenses, and estate and death taxes.  The                   
          shortfall will have to come out of the trust corpus.  Pursuant to           
          section 664(d)(1)(B), no amount of the trust, other than the                
          annuity, may be paid to or for the use of any person other than             
          an organization described in section 170(c).  Because the trust             
          corpus will be invaded to pay expenses or debts of the estate,              
          including estate taxes, a substantial part of the trust funds may           
          be diverted from the charitable remainder.  This is an additional           







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