Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 21

                                       - 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 by                  







Page:  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