Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 13

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          payment of the real estate taxes on decedent's Sandwich,                    
          Massachusetts, residence is not expressed as a specified dollar             
          amount (or calculable as such) or as a fixed percentage of fair             
          market value; thus, the payment for taxes is not fixed as                   
          required under section 2055(e)(3)(C)(ii).  More significantly,              
          the provision for payment to Melissa and Erica Rodgerson of the             
          balance of the trust's "net income" (after satisfaction of the              
          payments directed for other noncharitable beneficiaries) is                 
          neither a specified dollar amount nor a fixed percentage of fair            
          market value.  Indeed, by providing for a payout of net income to           
          a noncharitable beneficiary, the trust's terms would enable the             
          specific abuse to which the 1969 Act rules (i.e., the provisions            
          of section 2055(e)(2)) were addressed; namely, the reduction of             
          the value of the remainder interest actually passing to charity             
          below the amount of the deduction claimed, because of the                   


               11(...continued)                                                       
          2055(e)(3)(C)(i); i.e., the remainder interest would not be an              
          allowable deduction under pre-1969-Act law because the payments             
          are not "ascertainable".  We note that the trust instrument                 
          provides, immediately after directing the foregoing payments,               
          that "the balance of the trust net income" is to be paid to two             
          other beneficiaries.  This juxtaposition gives rise to a possible           
          interpretation that the payments to Wanda Rodgerson and Migle               
          Francaite are limited to the trust's net income, and the estate             
          makes an argument on similar grounds that the remainder interest            
          was ascertainable.  However, we find it unnecessary to decide               
          whether the remainder interest satisfies sec. 2055(e)(3)(C)(i),             
          as the remainder interest's failure to satisfy sec.                         
          2055(e)(3)(C)(ii) precludes a finding that it is a "reformable              
          interest" in any event.                                                     






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