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GRAT Expectations

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The Service adopted final regulations governing inclusion in estates of trust property of grantor retained trusts, charitable retained trusts and similar trusts. The final regs (TD 9414) are effective for estates of decedents dying after July 13, 2008, and modify and clarify a number of features of their proposed version issued the previous summer. Provisions relating to the application of IRC § 2036, Transfers With Retained Life Estate, on grantor retained annuity trusts and grantor retained unitrusts have been clarified. Revenue rulings 76-273 and 82-105 have been superseded.