- 14 - charitable remainder trusts. Petitioners rely on the legislative history of section 2702, which states that qualified interests under section 2702 “are similar to those permitted in charitable split interest trusts under section 664." 136 Cong. Rec. S15629, S15682 n.30 (daily ed. Oct. 18, 1990) (Explanatory Material Concerning Committee on Finance 1990 Reconciliation Submission Pursuant to House Concurrent Resolution 310). Section 664(d) defines a charitable remainder annuity trust as follows: (d) Definitions.-- (1) Charitable remainder annuity trust.--For purposes of this section, a charitable remainder annuity trust is a trust-- (A) from which a sum certain (which is not less than 5 percent of the initial net fair market value of all property placed in trust) is to be paid, not less often than annually, to one or more persons (at least one of which is not an organization described in section 170(c) and, in the case of individuals, only to an individual who is living at the time of the creation of the trust) for a term of years (not in excess of 20 years) or for the life or lives of such individual or individuals * * *. [Emphasis added.] If Congress intended to include dual-life annuities in the definition of a qualified interest for valuing the remainder interests of GRAT’s, Congress could have included similar “life or lives” language in section 2702. Instead, section 2702 is silent as to what constitutes an acceptable term for a qualifiedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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