Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 29




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          abuse by threatening to rescind an exemption.  The famed case of            
          Hawaii’s Bishop Estate shows how effectively the IRS can use the            
          threat of the loss of exempt status to curb breaches of fiduciary           
          duty.  See Brody, “A Taxing Time for the Bishop Estate:  What Is            
          the I.R.S. Role in Charity Governance?”, 21 U. Haw. L. Rev. 537             
          (1999).  The IRS also has the power to impose intermediate                  
          sanctions for breach of fiduciary duty or self-dealing.  See sec.           
          4958.                                                                       
               We therefore hold that allowing an increase in the                     
          charitable deduction to reflect the increase in the value of the            
          estate’s property going to the Foundation violates no public                
          policy and should be allowed.                                               

                                             Decision will be entered under           
                                        Rule 155.                                     

               Reviewed by the Court.                                                 
               COLVIN, COHEN, WELLS, FOLEY, VASQUEZ, THORNTON, MARVEL,                
          HAINES, and GOEKE, JJ., agree with this majority opinion.                   
               HALPERN, J., did not participate in the consideration of               
          this opinion.                                                               















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