-9- absence of such an appointment, the remaining trust assets shall be distributed to my estate. * * * * * * * ARTICLE SIX: Ultimate Distribution. Upon the expiration of the Annuity Term, all the remaining income and principal of this trust, if any, are to be divided into equal shares and distributed outright and free of trust to my then living children. If a child of mine predeceases me, his or her share is to be distributed to his or her estate. 1The decedent GRATs state that “References to ‘my wife’ means [sic] NINA M. FOCARDI.” Each of the instruments establishing the Focardi GRATs has dispositive provisions similar to the quoted parts of the decedent GRATs, except that (1) the word “wife” is used in lieu of “husband”, and the word “husband” is used in lieu of “wife”, (2) changes have been made to gender-related pronouns, and (3) Article Five B states that “Trustee shall administer and distribute” in lieu of “Trustee shall distribute”. Discussion A tax is generally imposed on a taxpayer’s transfer of property by gift. See sec. 2501(a)(1). The amount of the gift equals the fair market value of the transferred property as of the date of the gift. See sec. 2512(a); sec. 25.2512-1, Gift Tax Regs. Where property is transferred in trust with the donor retaining an interest in the property,3 the value of the gift 3 For purposes of sec. 2702, when a transferor retains the right to revoke a qualified annuity interest of the transferor’s (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011