SERVICE LISTS NO-RULING AREAS FOR CHARITABLE REMAINDER TRUSTS.

Rev. Proc. 90-33

SECTION 1. BACKGROUND

Rev. Proc. 90-32, page 21, this Bulletin, makes available five sample declarations of trust that meet the applicable requirements under section 664(d)(1) of the Internal Revenue Code for inter vivos and testamentary charitable remainder annuity trusts providing respectively for annuity payments during one life, during two lives where the interests are consecutive, and during two lives where the interests are concurrent and consecutive.

Rev. Proc. 90-33, page 26, this Bulletin, makes available five sample declarations of trust that meet the applicable requirements under section 664(d)(2) of the Code for inter vivos and testamentary charitable remainder unitrusts providing respectively for unitrust payments during one life, during two lives where the interests are consecutive, and during two lives where the interests are concurrent and consecutive.

Rev. Proc. 90-31, page 14, this Bulletin, makes available six sample declarations of trust that meet the applicable requirements under section 664(d)(2) and (3) of the Code for inter vivos and testamentary income exception charitable remainder unitrusts providing respectively for unitrust payments during one life, during two lives where the interests are consecutive, and during two lives where the interests are concurrent and consecutive.

Rev. Proc. 90-3, 1990-1 I.R.B. 54, sets forth areas of the Internal Revenue Code under the jurisdiction of the Associate Chief Counsel (Technical) in which the Internal Revenue Service will not issue advance rulings or determination letters. Section 4 of Rev. Proc. 90-3 lists areas in which rulings or determination letters will not ordinarily be issued.

SEC. 2. PROCEDURE

Rev. Proc. 90-3 is amplified by adding to section 4 the following:

Section 170 -- Charitable, Etc. Contributions and Gifts. -- Whether a transfer to a charitable remainder trust described in section 664 of the Code that provides for annuity or unitrust payments for one or two measuring lives qualifies for a charitable deduction under section 170(f)(2)(A).

Section 664 -- Charitable Remainder Trusts. -- Whether a charitable remainder trust that provides for annuity or unitrust payments for one or two measuring lives satisfies the requirements described in section 664 of the Code.

Section 2055 -- Transfers for Public, Charitable and Religious Uses. -- Whether a transfer to a charitable remainder trust described in section 664 of the Code that provides for annuity or unitrust payments for one or two measuring lives qualifies for a charitable deduction under section 2055(e)(2)(A).

Section 2522 -- Charitable and Similar Gifts. -- Whether a transfer to a charitable remainder trust described in section 664 of the Code that provides for annuity or unitrust payments for one nor two measuring lives qualifies for a charitable deduction under section 2522(c)(2)(A).

SEC. 3. EFFECTIVE DATE

This revenue procedure will apply to all ruling requests received in the National Office after June 18, 1990, the date of publication of this revenue procedure.

SEC. 4. EFFECT ON OTHER REVENUE PROCEDURES

Rev. Proc. 90-3 is amplified.

DRAFTING INFORMATION

The principal author of this revenue procedure is John McQuillan of the Office of Assistant Chief Counsel (Passthroughs and Special Industries). For further information regarding this revenue procedure, contact John McQuillan on (202) 377-6356 (not a toll-free call).