Estate of Claude C. Focardi, Deceased, Nina M. Focardi, Personal Representative - Page 21

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          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.                                                              





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