Estate of Claude C. Focardi, Deceased, Nina M. Focardi, Personal Representative - Page 3

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          are to be disregarded if they are not qualified interests, and              
          such disregard makes each annuity one for its set term of years.            
          We hold that the GRATs do not create annuities for their stated             
          term of years.                                                              
                                     Background                                       
          1.  Preface                                                                 
               All facts were set forth in stipulations or contained in the           
          exhibits submitted therewith.  We find the facts accordingly.               
          Focardi is decedent’s surviving spouse and the personal                     
          representative of his estate.  When the petition was filed in               
          docket no. 3130-03, Nina M. Focardi resided in St. Petersburg,              
          Florida.  When the petition was filed in docket No. 1892-03, the            
          “legal address” of decedent’s estate was in St. Petersburg,                 
          Florida.                                                                    
          2.  Docket No. 1892-03                                                      
               On October 25, 1996, decedent transferred 817,500 shares of            
          stock of Great Bay Distributors, Inc. (Great Bay), into a trust             
          (decedent 2-year GRAT) named “Claude C. Focardi Two Year Grantor            
          Retained Annuity Trust”.  On the same day, decedent transferred             
          817,500 shares of Great Bay stock into a trust (decedent 4-year             
          GRAT) named “Claude C. Focardi Four Year Grantor Retained Annuity           
          Trust”.  The terms of the instruments establishing the decedent             
          2-year GRAT and the decedent 4-year GRAT (collectively, decedent            
          GRATs) were identical in all material regards except for the                






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