- 12 - the spouse is a qualified interest. Thus, petitioners claim that the requirement in section 25.2702-3(b)(1)(i), Gift Tax Regs., that an interest be fixed was only intended to prevent interests such as the interest in section 25.2702-3(e), Example (6), Gift Tax Regs., from satisfying the definition of a qualified interest. Section 25.2702-3(e), Examples (5) and (6), Gift Tax Regs., incorporates the same factual scenario: Example 5. A transfers property to an irrevocable trust, retaining the right to receive 5 percent of the net fair market value of the trust property, valued annually, for 10 years. If A dies within the 10-year term, the unitrust amount is to be paid to A’s estate for the balance of the term. A’s interest is a qualified unitrust interest to the extent of the right to receive the unitrust payment for 10 years or until A’s prior death. Example 6. The facts are the same as Example 5, except that if A dies within the 10-year term the unitrust amount will be paid to A’s estate for an additional 35 years. The result is the same as in Example 5, because the 10-year term is the only term that is fixed and ascertainable at the creation of the interest. Reliance by petitioners on section 25.2702-2(d)(1), Example (7), Gift Tax Regs., for the proposition that a contingent interest can be a qualified interest under section 2702(b) is misplaced. Petitioners misread Example (7) to include a nonfixed, contingent spousal interest, on the premise that the trust will only make payments to the spouse if the spouse is living at the end of the grantor’s 10-year term interest. Petitioners’ interpretation of the example concentrates on thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011