-11- (3) any noncontingent remainder interest if all of the other interests in the trust consist of interests described in paragraph (1) or (2). The regulations interpret this definition to include “a qualified annuity interest, a qualified unitrust interest, or a qualified remainder interest” and state that the “Retention of a power to revoke a qualified annuity interest (or unitrust interest) of the transferor’s spouse is treated as the retention of a qualified annuity interest (or unitrust interest).”4 Sec. 25.2702-2(a)(5), Gift Tax Regs. The regulations explain that a qualified annuity interest is “an irrevocable right to receive a fixed amount * * * payable to (or for the benefit of) the holder of the annuity interest" for each taxable year of the term and that a qualified unitrust interest is “an irrevocable right to receive payment periodically, but not less frequently than annually, of a fixed percentage of the net fair market value of the trust assets, determined annually.” Sec. 25.2702-3(b)(1)(i) and (c)(1)(i), Gift Tax Regs. See generally sec. 25.2702-3(f), Gift Tax Regs., (defines the term “qualified remainder interest”). The regulations also explain that in the case of a qualified annuity interest, a fixed amount is either a set dollar amount or a set 4 This latter statement reflects a taxpayer-favorable rule that was added to the regulations without comment. The rule is not required by either the statute or the legislative history thereunder. See 136 Cong. Rec. 30485, 30536-30540 (1990). See generally Bogdanski, “GRAT Valuation: The Ninth Circuit Takes its Schott”, 30 Est. Plan. 304, 306 (June 2003).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