Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 15

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          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 rules            






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