Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 6

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          In each of the years 2001 through 2004, the trust distributed 5             
          percent of the fair market value of the trust assets, valued as             
          of January 2 of each year, to the trust's beneficiaries.                    
               An examination of the estate's return commenced sometime               
          before February 25, 2002, the date of a letter from respondent to           
          Mr. Carlile seeking additional information in connection with the           
          examination.  A notice of deficiency was issued on September 18,            
          2003, in which respondent determined that the charitable                    
          contribution deduction claimed by the estate for the remainder              
          interest should be disallowed because the trust did not satisfy             
          the requirements of section 2055.                                           
               During August 2002, certain of the interested parties made             
          various efforts to reform the trust.  Mr. Carlile and the diocese           
          each prepared revised versions of the trust's governing                     
          instrument, but neither version was ever executed by the trustee            
          or any of the beneficiaries.  Mr. Carlile also prepared a draft             
          of a "Complaint for Restatement of Trust" for filing in State               
          court, which was circulated to the beneficiaries but never filed            
          with any court.                                                             
               In August 2003, Mr. Carlile executed a document, also titled           
          "Third Restatement and Revision of Living Trust Instrument",                
          which by its terms revised the trust's governing instrument (2003           
          amendment).  All of the beneficiaries of the trust, except Migle            







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Last modified: May 25, 2011