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Tax Regulators Complete Gift Tax Regulation

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NU Online News Service, Feb. 25, 2005, 4:15 p.m. EST

The Internal Revenue Service today published the final version of a rule that affects gift tax special valuation rules.[@@]

The rule provides that a unitrust or annuity interest payable for a specified term of years to the grantor, or a grantor’s estate if the grantor dies prior to the expiration of the term, is a qualified interest for the specified term, according to a discussion of the final rule that appears today in the Federal Register.

The final rule also clarifies the rules governing a spouse’s revocable successor interest.

The spouse’s interest is a “retained qualified interest” only if the spouse’s annuity or unitrust interest, standing alone, would constitute a qualified interest that meets the requirements of Section 25.2702-3(d)(3) of the Internal Revenue Code, but for the grantor’s revocation power, the IRS says.

The IRS has posted the final version of the regulation at //


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