-21- in valuation and (2) an inaccuracy in valuation caused by an uncertainty that a survivorship interest will never be paid. See T.D. 9181, 70 Fed. Reg. 9222 (Feb. 25, 2005). As to the requirement of substantial deference, such a requirement would appear to be at its strongest here, where the regulation in question (i.e., the rule that allows a retention of a right to revoke not to be considered a retention for purposes of section 2702) does not appear in the statute or in its legislative history, but is a creation of the Treasury Department. As to the recent amendments to the regulations, those regulations state specifically that revocable spousal interests such as those here are not qualified interests.8 They also include provisions that (1) define the word “holder” to mean the person to whom the qualified interest is payable during the term, see current sec. 25.2702-2(a)(5), Gift Tax Regs.; (2) require that a spousal interest subject to a revocation power independently meet the regulatory requirements for a qualified interest, but for the transferor's power to revoke, see current sec. 25.2702-2(a)(6), Gift Tax Regs.; and (3) state that a qualified interest may only be contingent on the survival of the holder, see current sec. 25.2702-3(d)(2), Gift Tax Regs. The amendments also add to the regulations a new example that illustrates a revocable spousal 8 As mentioned supra note 2, those amendments are not applicable here in that they apply to trusts created on or after July 26, 2004.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011