Patricia A. Schott - Page 6




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               Section 2702 provides:                                                 
               SEC. 2702.  SPECIAL VALUATION RULES IN CASE OF                         
                         TRANSFERS OF INTERESTS IN TRUSTS.                            
                    (a) Valuation Rules.--                                            
                         (1) In general.--Solely for purposes of                      
                    determining--whether a transfer of an interest in                 
                    trust to (or for the benefit of) a member of the                  
                    transferor’s family is a gift (and the value of                   
                    such transfer), the value of any interest in such                 
                    trust retained by the transferor or any applicable                
                    family member * * * shall be determined as                        
                    provided in paragraph (2).                                        
                         (2) Valuation of retained interests.--                       
                              (A) In general.--The value of any                       
                         retained interest which is not a qualified                   
                         interest shall be treated as being zero.                     
                              (B) Valuation of qualified interest.--                  
                         The value of any retained interest which is a                
                         qualified interest shall be determined under                 
                         section 7520 [providing for use of valuation                 
                         table prescribed by the Secretary for                        
                         annuities, life interests, etc.].                            
                  *       *       *       *       *       *       *                   
                    (b) Qualified Interest.--For purposes of this                     
               section, the term “qualified interest” means--                         
                         (1) any interest which consists of the right                 
                    to receive fixed amounts payable not less                         
                    frequently than annually,                                         
                         (2) any interest which consists of the right                 
                    to receive amounts which are payable not less                     
                    frequently than annually and are a fixed                          
                    percentage of the fair market value of the                        
                    property in the trust (determined annually), and                  
                         (3) any noncontingent remainder interest if                  
                    all of the other interests in the trust consist of                
                    interests described in paragraph (1) or (2).                      





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