- 21 - substantial compliance. According to the estate, the trustee disclosed in the return statement his intention to follow and be bound by the requirements of a CRUT in operating the trust, the payments to the noncharitable beneficiaries in fact conformed with CRUT requirements, and the 2003 amendment modified the trust so that it complied with CRUT requirements. Thus, the estate argues, the essential purpose of the 90-day rule in section 2055(e)(3)(C)(iii)--which is to require taxpayers to initiate reformation before being contacted by the Commissioner--has been satisfied by the return statement, and the eventual amendment of the trust in 2003 should be treated as timely, especially given the fact that the trustee in fact adhered to CRUT payout requirements in the interim. The foregoing should therefore be treated as satisfying section 2055(e)(3) under the doctrine of substantial compliance, in the estate's view. We disagree. This Court's application of the substantial compliance doctrine has been summarized as follows: The test for determining the applicability of the substantial compliance doctrine has been the subject of a myriad of cases. The critical question to be answered is whether the requirements relate "to the substance or essence of the statute." If so, strict adherence to all statutory and regulatory requirements is a precondition to an effective election. On the other hand, if the requirements are procedural or directory in that they are not of the essence of the thing to be done but are given with a view to the orderly conduct of business, they may be fulfilled byPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011