Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 8

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          unitrust (CRUT) or charitable remainder annuity trust (CRAT)                
          (described in section 664), or a pooled income fund (PIF)                   
          (described in section 642(c)(5)).  Sec. 2055(e)(2)(A);6 Estate of           
          Edgar v. Commissioner, 74 T.C. 983, 986 (1980), affd. without               
          published opinion 676 F.2d 685 (3d Cir. 1982).                              
               Congress imposed the section 2055(e)(2)(A) requirement that            
          a CRAT, CRUT, or PIF be used where there is a bequest of a                  
          charitable remainder interest to remove the "incentive to favor             
          the income beneficiary over the remainder beneficiary by means of           
          manipulating the trust's investments."  H. Rept. 91-413 (Part 1),           
          at 59 (1969), 1969-3 C.B. 200, 238; S. Rept. 91-552, at 88                  
          (1969), 1969-3 C.B. 423, 480.  It had come to Congress's                    
          attention that taxpayers were claiming charitable deductions for            
          bequests of remainder interests in trusts based upon valuation              
          assumptions for the remainder interests that were inconsistent              
          with the manner in which the trusts assets were in fact managed.            
          Where trust assets were invested so as to maximize the income               
          interest, the value eventually passing to charity through the               
          remainder interest might bear little relationship to the                    
          deduction previously taken.  Therefore, Congress mandated a trust           


               6 Sec. 2055(e)(2) was enacted as part of the Tax Reform Act            
          of 1969 (the 1969 Act), Pub. L. 91-172, sec. 201(d)(1), 83 Stat.            
          560, and its requirements for split interests are often referred            
          to as the "1969 Act rules."                                                 






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