- 16 - if all current payouts from the trust are expressed solely[13] as a fixed dollar amount or a fixed percentage of the value of the trust's assets." Id. at 1518; S. Rept. 98-169 (Vol. 1), supra at 733. Congress thus intended reformation to be available only if the "creator" of the trust had made a bona fide attempt to comply with the 1969 Act rules (i.e., the governing instrument as established by the trust's settlor expressed noncharitable payouts solely as fixed dollar amounts or a fixed percentage of the value of the trust's assets) or a judicial proceeding to reform the trust was commenced within 90 days after the return's filing. The estate cobbles together several arguments in an effort to show that a "qualified reformation" occurred. The estate argues that the return statement served either to amend the trust into a CRUT or to signify the trustee's intent to operate the trust as a CRUT. Furthermore, the estate contends, the trust was in fact managed in accordance with the requirements for a CRUT, as the total annual distributions to the noncharitable beneficiaries were equal to 5 percent of the fair market value of the trust's assets in each of the years 2001 through 2004. 13 The excerpts from the House and Senate committee reports are identical, except that the word "solely" does not appear in the House version.Page: 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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