- 2 - the remainder value is to be calculated by deducting the actuarially determined value of a single-life annuity. Held: Because the spousal interests in each GRAT are not fixed and ascertainable at the inception of the GRAT and are therefore contingent, and because the retained interests in each GRAT may extend beyond the shorter of a term of years or the period ending upon the death of the grantor, the retained interests in the GRAT’s are to be valued as single-life annuities. See secs. 25.2702-3(d)(3) and 25.2702-2(a)(5), Gift Tax Regs. George N. Harris, Jr., and Juan D. Keller, for petitioners. Stewart Todd Hittinger, for respondent. OPINION NIMS, Judge: This matter is before the Court on the parties’ cross-motions for partial summary judgment, filed pursuant to Rule 121. The parties seek a summary adjudication regarding the same matter; i.e., the proper application of section 2702 to four grantor retained annuity trusts (GRAT’s). There is no genuine issue of material fact to preclude a decision on such matter. We therefore proceed to decide the legal issues that the parties’ motions present. Unless otherwise indicated, all section references are to sections of the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011