Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 12

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          1991).  But where the payouts have not been expressed in the                
          trust's governing instrument in conformity with section                     
          2055(e)(3)(C)(ii), reformation is permitted only if a judicial              
          proceeding to make the appropriate changes to the trust is                  
          commenced within 90 days after the due date of the estate tax               
          return.                                                                     
               The estate has stipulated that the trust, as in effect at              
          the time of decedent's death, did not qualify as either a CRAT or           
          a CRUT.10  Consequently, the bequest of the remainder interest to           
          the diocese will qualify as a deduction under section 2055(a)               
          only if the remainder interest was a "reformable interest" that             
          underwent a "qualified reformation".  Sec. 2055(e)(3).                      
               The remainder interest to the diocese cannot qualify as a              
          "reformable interest" because certain payments to be made to the            
          noncharitable beneficiaries before the remainder vests are not              
          expressed as either a specified dollar amount or a fixed                    
          percentage of the fair market value of the trust property, as               
          required by section 2055(e)(3)(C)(ii).11  The provision for the             

               10 Similarly, because the trust at issue was not maintained            
          by the diocese, it cannot qualify as a PIF.  See sec.                       
          642(c)(5)(E).                                                               
               11 Respondent also argues that, because the trust instrument           
          provides for payments to Wanda Rodgerson for "so long as she is             
          making reasonable progress in pursuit of a Ph.D. in education"              
          and to Migle Francaite "until she graduates from medical school",           
          the remainder interest also does not satisfy sec.                           
                                                             (continued...)           






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