- 8 - The trust instrument must also prohibit distributions from the trust to or for the benefit of any person other than the holder of the qualified annuity interest during the term of the qualified interest. See sec. 25.2702-3(d)(2), Gift Tax Regs. The term of the annuity interest must be fixed by the trust instrument “for the life of the term holder, for a specified term of years, or for the shorter (but not the longer) of those periods.” Sec. 25.2702-3(d)(3), Gift Tax Regs. For purposes of section 2702, a transfer of an interest in property with respect to which there are one or more term interests is treated as a transfer in trust. See sec. 2702(c)(1). “A term interest is one of a series of successive (as contrasted with concurrent) interests.” Sec. 25.2702-4(a), Gift Tax Regs. Petitioners’ argument, that the retained interests in the annuities should be valued as interests for the term of 15 years or for the lives of the grantor and spouse, is essentially the same as the argument we rejected in Cook v. Commissioner, supra, a case with nearly identical facts to those of the cases at hand. In Cook, the taxpayers, husband and wife, each created two GRAT’s. The grantor of each GRAT retained an annuity for a stated term of years. If the grantor died before the expiration of the stated term of years and was survived by the spouse, the annuity continued for the spouse until the earlier of his or herPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011