- 15 - trusts to comply with the 1969 Act rules unless and until defects were discovered by the Commissioner upon audit. The committee reports accompanying Congress's enactment of the reformation provisions of section 2055(e)(3) state as follows: Congress first permitted reformation of charitable remainder trusts in 1974 and since that time, the Congress has extended the period for reformations several times * * * . Even so, it has come to the attention of the committee that there are still many instruments providing for split-interest charitable contributions which do not meet the requirements for qualification under the rules of the Tax Reform Act of 1969. * * * In light of the repeated need to extend the period to reform such governing instruments and the fact that failure to meet the 1969 Act rules often results in reduced amounts passing to charity, the committee believes that a permanent rule permitting reformation of split-interest charitable contributions should be permitted as long as there are adequate safeguards to avoid abuse. Specifically, the committee is concerned that governing instruments of charitable split-interest trusts which evidenced no attempt to comply with the 1969 Act rules would be reformed only if the defects are found upon audit by the Internal Revenue Service. In order to prevent this from occurring, the committee believes that, in order for a governing instrument of a charitable split-interest contribution to be reformable, either (1) the creator had to make a bona fide attempt to comply with the 1969 Act rules or (2) the taxpayer must initiate reformation proceedings before the Internal Revenue Service could reasonably be expected to begin an audit. * * * [H. Rept. 98-432 (Part 2), supra at 1516-1517; S. Rept. 98-169 (Vol. 1), supra at 731-732.] The committee reports go on to clarify what constitutes the creator's "bona fide attempt to comply with the 1969 Act rules" (as codified in section 2055(e)(3)(C)(ii)): "The governing instrument evidences an intent to comply with the 1969 Act rulesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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