Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 17

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               We reject the estate's contention that the return statement            
          amended the trust into a CRUT.  Even if we accept the dubious               
          proposition that a statement on a Federal estate tax return could           
          operate to amend a trust created under State law, the return                
          statement nowhere contains the words "amend" or "amendment" or              
          otherwise suggests this purpose in any way.  Moreover, there is             
          no evidence that, as of the return's filing, either the                     
          charitable or the noncharitable beneficiaries consented to the              
          amendment purportedly manifested on the estate's return, as                 
          required by Illinois law.14                                                 
               The estate also contends in the alternative that the return            
          statement was equivalent to the commencement of a judicial                  


               14 Decedent as settlor directed that the trust be governed             
          by Illinois law, and the estate on brief takes the position that            
          Illinois law governs.  Illinois law requires the consent of all             
          charitable and noncharitable beneficiaries (whose interests have            
          not expired) before a trustee may amend a charitable trust                  
          instrument to bring it into conformity with the CRUT requirements           
          of sec. 664.  See 760 Ill. Comp. Stat. Ann. 60/1(2) (West 1992).            
               Notwithstanding the foregoing provision of Illinois law, the           
          estate argues that the trustee was authorized, acting alone, to             
          amend the trust instrument, citing as authority Rev. Proc. 89-20,           
          1989-1 C.B. 841.  Rev. Proc. 89-20, supra, provides a sample form           
          of a declaration of trust that, if followed by a taxpayer, the              
          Commissioner agrees to treat as satisfying the requirements for a           
          CRUT.  The sample form contains a provision authorizing the                 
          trustee, acting alone, to amend the trust in any manner required            
          for the sole purpose of ensuring that the trust qualifies as a              
          CRUT.  Rev. Proc. 89-20, supra, is conditioned, however, upon a             
          taxpayer's trust's being "a valid trust under applicable local              
          law."  We conclude that Rev. Proc. 89-20, supra, is neither                 
          intended to, nor does it, abrogate the requirements of Illinois             
          law for amending a charitable trust.                                        





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