- 40 - necessary to provide for her ‘support, comfort and happiness’”. Id. at 485. The Commissioner, as here, argued that the amount of income to which the surviving spouse was entitled was limited and that accumulation was permitted. See id. at 486. The District Court analyzed the language of the trust instrument in light of the Georgia statutory law and concluded: since the trust instrument is “silent” as to time of income distribution, I must perforce read Item XXIV to mean that “the trustees shall pay to my wife all the net income derived from the trust property at least annually”.7 I cannot agree with an interpretation of � 108-446 that would make � 108-445 inoperative here on the theory that the language of the Bodziner trust amounts to express permission to the trustees to distribute net income on a less frequent basis than annually. * * * The intent of the Act of 1960 (Ga. Code �� 108- 445, 446) was to make discretionary income trusts that are silent as to frequency of payment eligible for the marital deduction. The requirement of the statute that under such a trust all net income must be paid by the trustees at least annually must be read into the Bodziner trust, delimiting any fiduciary discretion in such respect. _____________ 7 The Act of 1960 does not mean that discretionary income trusts have seen their day in Georgia. Silence of the instrument as to time and frequency of distribution has become a limitation rather than a grant of fiduciary authority. Such a trust will qualify for the marital deduction. So the Legislature reasonably conceived. If the testator does not want it that way, he can recite that it is his express wish that distribution of net income may be on a less frequent than annual basis in the trustee’s discretion. * * * [Id. at 489 & n.7.] Although we acknowledge that opinions of a U.S. District Court do not constitute binding precedent in this Court, we find it appropriate to give proper regard and weight to interpretationsPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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