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having received the prior written approval of the intended
sale from my niece, WANDA RODGERSON.
The trust was to operate for the longer of 10 years or the joint
lives of John and Mary Tamulis,4 and upon termination, the
remainder of the trust's assets was to pass to the Roman Catholic
Diocese of Fall River, Massachusetts (diocese).
After obtaining an extension for filing, the estate timely
filed its Federal estate tax return on November 30, 2001. The
estate claimed a charitable contribution deduction of $1,495,526
representing the claimed value of a charitable remainder interest
given to the diocese. On Schedule O of the estate's Form 706,
United States Estate (and Generation-Skipping Transfer) Tax
Return, the following statement (return statement) was made:
Charitable Remainder
Roman Catholic Diocese of Fall River, Mass.
Balance that is residue following 10 year term certain
charitable remainder unitrust at 5% quarterly payments to
two grand nieces Erica and Melissa Rodgerson, where during
the term, the Trustee holds and operates pursuant to the
terms and conditions of I.R.C. Sec. 664 and related
provisions with balance at end of 10 year term to the Roman
Catholic Diocese of Fall River, Mass. a 501(c)3 organization
See attached calculations of Charitable Remainder
Deductible.
4 The estate states on brief that John and Mary Tamulis were
in their eighties when the trust was created, although there is
no direct evidence of their age in the record.
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