- 18 - interests. Moreover, the foregoing language reflects that the statute was designed primarily to restrict a donor’s ability to calculate the amount of a gift by subtracting certain elements of actuarial value that would or might in fact pass to the donee. A fixed-term annuity, payable to the grantor or the grantor’s estate, would therefore appear to fall within the statute’s permissible parameters, as elucidated by the legislative history. Such an interest would further seem to fall within the class of easily valued rights which the final sentence in the passage above indicates Congress envisioned would not be afforded a lesser value under the new rules. Respondent, however, characterizes the annuities at issue here as equivalent to the reversionary rights referenced by Congress as nonqualified, rather than to the fixed-term interests approved by the lawmakers. In respondent’s view, the congressional concern underlying section 2702 reaches petitioner’s annuities. Respondent alleges that Congress sought to curb the then- current practice of dividing trusts into numerous interests and selectively retaining interests based on mortality, such as reversions. Respondent points out the common estate planning device of creating a trust, with a term short enough that the grantor’s risk of dying during the term would be minimal, in which the grantor retained both an income interest and aPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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