David C. Roark and Estate of Irene Roark, Deceased, David C. Roark, Executor - Page 15

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          would only get 22 percent.  Even if the Trust had agreed to                 
          terminate the policy early, NCF would merely get back the                   
          unearned premiums that it prepaid.  In Addis, we reasoned that if           
          the charity’s premium payments were big enough to keep the policy           
          viable, and the family trust itself would receive a significant             
          portion of the death benefit, the value of those payments to the            
          trust had to be greater than zero.                                          
               The facts of this case show that Roark was getting an even             
          better deal than the taxpayers in the other split-dollar cases              
          that we’ve decided.  In both Addis and Weiner, the charity would            
          have received a greater proportion of the insurance proceeds than           
          the families’ trusts.  Here, the proportions were reversed: the             
          Roark family, through the Trust, would actually receive more                
          money than NCF, and so we easily find that Mr. Roark would                  
          receive value as a result of NCF paying the premiums.  And while            
          it is true that, after Mrs. Roark’s death, it was the Roark’s               
          daughter who was trustee, we reasoned in Weiner, that this change           
          in which relative would collect on the policy did not change our            
          conclusion that the donor “expected that he would benefit from              
          his payments * * *.”                                                        
               Roark does of course have the letter that NCF sent him,                
          stating that he received nothing of value in exchange for his               
          contributions.  And it is true that a taxpayer ordinarily may               
          rely on a charity’s estimate of fair market value.  Sec. 1.170A-            






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