The Collision between Crts and the Upc Elective Share

7 Pages Posted: 8 Jun 2006

See all articles by Wendy C. Gerzog

Wendy C. Gerzog

University of Baltimore - School of Law


Last spring the IRS issued Rev. Proc. 2005-24, applicable to the qualification of inter vivos charitable remainder annuity trusts (CRATs) and charitable remainder unitrusts (CRUTs) when the surviving spouse can satisfy her statutory elective share from the assets of a charitable remainder trust (CRT). The revenue procedure was intended to provide a safe harbor rule under which the IRS would ignore the elective right in its determination of a trust's qualification and continuation as a CRT.

The article analyzes the revenue procedure, examines the policies behind both CRTs and the UPC elective share, and suggests that the revenue procedure is under-inclusive in its focus and looks to the wrong individual for a remedy.

Keywords: Rev. Proc. 2005-24, Notice 2006-15, CRAT, CRUT, CRT, UPC Elective Share, Spousal Share, charitable deduction

Suggested Citation

Gerzog, Wendy C., The Collision between Crts and the Upc Elective Share. Tax Notes, Vol. 111, May 2006, Available at SSRN:

Wendy C. Gerzog (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4522 (Phone)

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