Estate of Anthony J. Tamulis, Deceased, Wanda Rodgerson, Executor and Trustee - Page 22

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               substantial, if not strict compliance. * * * [Taylor v.                
               Commissioner, 67 T.C. 1071, 1077-1078 (1977); citations                
               omitted.]                                                              
          Given the antiabuse rationale behind section 2055(e)(3) (as                 
          explained in the legislative history previously discussed), we              
          conclude that Congress intended compliance with either section              
          2055(e)(3)(c)(ii) or (iii) as a precondition to effecting a                 
          reformation of a trust to satisfy section 2055(e)(2).  Thus, the            
          foregoing requirements relate to the substance or essence of the            
          statute.  We accordingly conclude that section 2055(e)(3)                   
          requires strict, not merely substantial, compliance.                        
               There was no strict compliance here.  Moreover, we are not             
          persuaded that even substantial compliance occurred.  The                   
          estate's contention that the return statement should                        
          substantially satisfy the requirement for prompt initiation of              
          reformation proceedings is unpersuasive.  While the                         
          executor/trustee may have acted in good faith, the return                   
          statement did not put respondent on notice of the trust's defects           
          before audit.  The return statement is fairly read as asserting             
          that the trust at issue was a CRUT, as it described the                     
          charitable remainder as the "Balance that is residue following 10           
          year term certain charitable remainder unitrust * * * where * * *           
          the Trustee holds * * * pursuant to the terms and conditions of             
          I.R.C. Sec. 664 and related provisions".  (Emphasis added.)  None           
          of the efforts to amend the trust, either the unexecuted attempts           






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