Estate of Claude C. Focardi, Deceased, Nina M. Focardi, Personal Representative - Page 18

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          overvaluation, and the gift of the remainder would have the                 
          potential for undervaluation.  We consider such treatment to be             
          contrary to the lawmaker’s intent for section 2702.  See id.                
               This Court and the Court of Appeals for the Seventh Circuit            
          opined on the subject matter at hand in Cook v. Commissioner,               
          supra.  The Court of Appeals for the Ninth Circuit did not                  
          acknowledge disagreement with Cook but distinguished Cook on the            
          ground that Cook, unlike Schott, involved an expressed                      
          contingency that the spouses remain married at the time of the              
          grantor/spouse’s death.  In Cook, the GRATs stated that an                  
          annuity would be paid to the grantor until the earlier of 5 years           
          or the grantor's death.  If the grantor survived the 5-year term,           
          the remaining trust property would pass to a separate trust                 
          benefiting the grantor’s son.  If the grantor died before the end           
          of the 5-year term and was married to the grantor’s spouse at the           
          time of death, all remaining trust property would pass to a                 
          contingent marital annuity trust, pursuant to which the grantor’s           
          spouse would receive the annuity amount for the balance of the              
          5-year term.  Upon the earlier of the end of the 5-year term or             
          the death of the grantor's spouse, the remaining trust assets               
          would pass to a separate trust benefiting the grantor's son.  The           
          grantor reserved the power to revoke the successor interest of              
          the spouse.                                                                 







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