Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 9

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          mechanism that set the annual payout to the noncharitable income            
          beneficiaries as a fixed dollar amount (a CRAT) or fixed                    
          percentage of the value of the trust assets (a CRUT), thereby               
          minimizing the incentive to skew investment strategy to favor the           
          noncharitable income beneficiaries.7  Estate of Gillespie v.                
          Commissioner, 75 T.C. 374, 376-378 (1980); H. Rept. 91-413 (Part            
          1), supra at 58-60, 1969-3 C.B. at 237-238; S. Rept. 91-552,                
          supra at 86-87, 1969-3 C.B. at 479.                                         
               To mitigate the reduction in amounts going to charity that             
          the imposition of this stringent framework could engender,                  
          Congress provided a statutory mechanism in 1984 by which a trust            
          that failed to satisfy the CRAT, CRUT, or PIF regime of section             
          2055(e)(2)(A) might nonetheless be modified by means of a                   
          "qualified reformation" so that a deduction under section 2055(a)           
          would be allowed.  Sec. 2055(e)(3)(A).8  A "qualified                       


               7 The third option Congress provided, a PIF, is an                     
          irrevocable trust in which the property of the trust is managed             
          by the charitable organization to which the remainder interest is           
          contributed and for which the donor retains an income interest              
          for the life of one or more beneficiaries.  Sec. 642(c)(5).                 
          Since the assets in a PIF are managed by a charitable                       
          organization, the incentive to favor the noncharitable income               
          beneficiaries is presumed eliminated.                                       
               8 Sec. 2055(e)(3), enacted by the Deficit Reduction Act of             
          1984, Pub. L. 98-369, sec. 1022(a), 98 Stat. 1026, was a                    
          permanent rule to replace various temporary reformation                     
          provisions that preceded it and is effective for reformations               
          made after Dec. 31, 1978.                                                   






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