Tax Correspondence to Treasury Office of Tax Policy: IRS and Treasury Should Hold Section 2511(c) Should Not Apply to Transfers to Qualified Charitable Remainder Trusts

Howard M. Zaritsky wrote to the Estate and Gift Tax Attorney-Advisor, Office of Tax Policy, U.S. Department of Treasury, a correspondence that appears to address Notice 2010-19.  The correspondence states "a charitable remainder trust cannot be a grantor trust, so Section 2511(c) appears preclude the use of incomplete transfers in a charitable remainder trust."  It also mentions that in 2010, a testamentary charitable remainder trust, because it would not qualify for an income, estate, or gift tax charitable deduction, may be impossible.