- 12 - 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...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011