- 11 - the trust reduced by the value of both A’s qualified interest and the value of the qualified interest transferred to A’s spouse (subject to A’s power to revoke). The Court noted that, in Example (7), the revocable spousal interest is treated as an interest retained by A and that A’s direct interest and the revocable spousal interest are both qualified interests pursuant to section 2702(b). The interests of both A and his or her spouse, at the creation of the trust, are fixed and ascertainable for specified 10-year terms and are not contingent upon A’s death or the spouse’s death. Furthermore, the Court noted that, because the interests were for a collective 20-year specified term, Example (7) was an illustration of how a grantor could retain a power of revocation over a spousal interest that did not extend beyond the life of the term holder, a specified term of years, or the shorter (but not the longer) of those periods. See Cook v. Commissioner, supra at 25-26. Petitioners claim that the holding in Cook is inconsistent with Example (7). Petitioners argue that Example (7) provides that the spouse’s receipt of payments from the trust is contingent upon the spouse’s living beyond the 10-year period of A’s interest, i.e., the grantor’s interest. Petitioners contend that there is a possibility that the spouse in Example (7) will receive nothing, and, yet, Example (7) holds that the interest ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011