-14- this Court and the Court of Appeals for the Seventh Circuit in Cook v. Commissioner, 115 T.C. 15 (2000), affd. 269 F.3d 854 (7th Cir. 2001), held that the GRATs there, which were similar to the GRATs here, were not qualified interests because they were contingent. Petitioners argue that Cook is factually distinguishable from this case and Schott in that the GRATs in Cook, unlike the GRATs here and in Schott, involved a further contingency that the grantor and spouse remain married. We agree with respondent that the spousal interests at issue are not qualified interests. The spouse in no case will ever receive any payments from the GRATs if the grantor survives the applicable 2- or 4-year term, because the interests by their terms are payable only if the grantor predeceases the spouse during the applicable term. The interests, therefore, are not fixed and ascertainable upon the inception of the trusts, as is 5(...continued) A’s power to revoke the spouse’s term interest is treated as a retained interest for purposes of section 2702. Because no interest retained by A is a qualified interest, the amount of the gift is the fair market value of the property transferred to the trust. Example (7). The facts are the same as in Example 6, except that both the term interest retained by A and the interest transferred to A’s spouse (subject to A’s right of revocation) are qualified annuity or unitrust interests. The amount of the gift is the fair market value of the property transferred to the trust reduced by the value of both A’s qualified interest and the value of the qualified interest transferred to A’s spouse (subject to A’s power to revoke).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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