- 15 - 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-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011