Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 38




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          the income beneficiary.  Essentially, the income beneficiary gets           
          the fruit during his life or term, and the remainderman gets the            
          tree at the end of the life or term.                                        
               By contrast, where the present interest is a fixed annuity,            
          the annuitant may receive only income, only corpus, or a                    
          combination of income and corpus, depending on the amount of                
          income, if any, the trust investments have produced.                        
          Furthermore, that mixture may change in any given year.  The                
          value of the annuity is computed on the assumption that the trust           
          assets will produce income equal to an assumed interest rate.               
          See sec. 20.2031-7(d)(2)(iv)(A), Estate Tax Regs.  The fixed                
          annual payment may be greater than or less than the anticipated             
          income.  In the event the investments produce less income than              
          expected, the corpus of the trust may be depleted beyond the                
          expectations of the parties, reducing the value of the remainder            
          interest.  Conversely, in the event the investments produce more            
          income than expected, the corpus of the trust may grow beyond the           
          expectations of the parties, increasing the value of the                    
          remainder.                                                                  
               In this way, the remainder is entirely dependent on the                
          annuity in that it is affected by the amounts distributed to the            
          annuitant, and by the source of those distributions, either from            
          income or corpus.  In contrast, a remainder interest is less                
          dependent on an income interest as the payments to the income               







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Last modified: March 27, 2008