- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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