Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 11

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               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.             






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