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Split-Interest Trust
D's will established a testamentary trust which provided B with a life estate. The remainder of the trust was to be divided among several charities. The trustee distributed $30,000 to B, but within two months of D's death, B also died. As a split-interest trust that was not in the form of a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, such an arrangement would not
ordinarily qualify for a charitable deduction. However, §2055(e)(3)(F) provides a special rule for instances where an individual dies before the due date for filing the estate tax
return. The trust was reformable to be wholly charitable, and a charitable deduction was thus be permitted as if it had met the requirements on the date of the decedent's death. The reformability of the trust was not affected by the $30,000 payment.
Source: Harbison v. U.S., DC Ga.
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