- 11 - The legislative history of section 2055(e)(3) indicates that Congress intended a more liberal reformation rule for trusts where the creator had made a bona fide attempt to comply with the provisions of the 1969 Act (i.e., the requirements of section 2055(e)(2)), and a more exacting rule (namely, commencement of a judicial proceeding within 90 days after the due date of the estate tax return) for trusts where the creator had not evidenced any intent to comply with the 1969 Act. The committee believes that these [reformation] rules will permit the correction of major, obvious defects (such as where the "income" interest is not expressed as an annuity interest or a unitrust interest) so long as the taxpayer initiates reformation proceedings before audit, while allowing the correction of minor defects (such as defects in determining the correct payout in short taxable years, in years of additional contributions, etc.) upon audit so long as there was a good faith attempt to comply with the 1969 Act rules (i.e., the payout is basically expressed as an annuity interest or a unitrust interest). * * * [H. Rept. 98-432 (Part 2), at 1517 (1984); S. Rept. 98-169 (Vol. 1), at 732 (1984).] Thus, where the payout to the noncharitable beneficiaries has been "basically expressed as an annuity interest or a unitrust interest"–-that is, as specified dollar amounts or as a fixed percentage of the fair market value of the trust property, in accordance with section 2055(e)(3)(C)(ii)–-then a reformation may be effected even after an audit has commenced. H. Rept. 98-432 (Part 2), supra at 1517; S. Rept. 98-169 (Vol. 1), supra at 732; see also Estate of Hall v. Commissioner, 93 T.C. 745, 753-754 (1989), affd. without published opinion 941 F.2d 1209 (6th Cir.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011