115 T.C. No. 41 UNITED STATES TAX COURT AUDREY J. WALTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3824-99. Filed December 22, 2000. P established and funded with corporate stock two substantially identical grantor retained annuity trusts (GRAT’s). Each GRAT had a 2-year term during which P retained the right to receive an annuity. In the event that P died prior to expiration of the 2-year term, the remaining scheduled annuity payments were to be made to her estate. The balance of the trust property would then be paid to the remainder beneficiaries. Held: For purposes of determining the value under sec. 2702, I.R.C., of the gift effected upon creation of each GRAT, P’s retained qualified interest is to be valued as an annuity for a specified term of years, rather than as an annuity for the shorter of a term certain or the period ending upon P’s death. Held, further, Sec. 25.2702-3(e), Example (5), Gift Tax Regs., is an invalid interpretation of sec. 2702, I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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