Estate of Marvin M. Schwan - Page 24




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          the Foundation must be reduced by taxes and administrative                  
          expenses, and (2) a postmortem bonus remitted by SSE to the                 
          Estate cannot be considered to have paid those expenses so as to            
          leave the charitable deduction unreduced.                                   
               Petitioners do not contest that the charitable deduction may           
          be reduced if payments for administrative expenses and taxes                
          exceed the amount of the 1992 Trust residue (meaning in this                
          context residual trust assets other than the SSE stock).  Rather,           
          petitioners maintain that the bonus received by the Estate should           
          be included in computing the residue available for paying these             
          obligations.  In that event, petitioners calculate that                     
          sufficient funds would exist to cover all taxes and expenses                
          without need to resort to the charitable gift.  We, however,                
          conclude that petitioners’ view is contrary to the express terms            
          of the will and trust agreement executed by decedent.                       
               As a general rule, section 2055 permits a deduction for the            
          value of bequests to charitable entities but limits the amount of           
          such deduction to “the value of the transferred property required           
          to be included in the gross estate.”  Sec. 2055(a), (d).  Here,             
          the parties agree that the postmortem bonus was not includible in           
          the gross estate.  The sum was instead includible in the income             
          of the Estate for fiduciary income tax purposes.  As a result,              
          receipt of the bonus did not increase the total amount otherwise            
          potentially deductible under section 2055.  The relevant question           






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Last modified: May 25, 2011