- 15 - interest. However, the regulations under section 2702 state that the term of a qualified annuity “must be 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. (Emphasis added.) The term restrictions that are found in the regulations are consistent with the purpose of section 2702, which is to deter the potential valuation abuse that is inherent in using actuarial tables by making unfavorable assumptions regarding certain retained rights. See 136 Cong. Rec. S15629, S15680-S15681 (daily ed. Oct. 18, 1990); Cook v. Commissioner, supra at 24. Thus, the general intent of Congress to conform qualified interests in valuing GRAT’s with charitable split interest trusts did not include dual-life annuities. Our holding, that the spousal interest in each GRAT that was created by petitioners is not a qualified interest under section 2702(b), is distinguishable from the previous decision of the Court in Walton v. Commissioner, 115 T.C. 589 (2000). In Walton, the taxpayer established two GRAT’s in which the taxpayer retained annuity rights. In the event that the taxpayer died prior to the expiration of the annuity term, the remaining scheduled annuity payments were to be made to the estate of the taxpayer. The balance of the GRAT property would then be paid to the remainder beneficiaries at the expiration of the annuity term. See id. at 590-591.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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