-29- 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: March 27, 2008