Deduction Not Allowed When Trust Distributes Proceeds to Both Charitable and Non-Charitable Beneficiaries

The U.S. Court of Appeals for the Third Circuit finds that the Internal Revenue Code prohibits an estate from claiming a charitable deduction when the proceeds of a single trust are distributed to both charitable and non-charitable beneficiaries.

James Galloway created a single trust under when the beneficiaries - his two children and two charitable entities - would receive an equal, one-quarter share in the proceeds. Upon Mr. Galloway's death, the Pennsylvania Department of Revenue determined that $399,079.33 would be distributed to charitable entities. The trustee of the estate, Edmond Galloway, then claimed a charitable deduction in that amount on the federal estate tax return. Base on Internal Revenue Code § 2055(e), the IRS disallowed this charitable deduction and computed the estate's liability to be $306,604.57. Mr. Galloway paid the additional tax due and then filed a refund claim, which was denied by the IRS.

Mr. Galloway filed a complaint in the U.S. District Court for the Western District of Pennsylvania claiming that the trust did not fall under the purview of IRC § 2055(e). Mr. Galloway argued that the only kind of such "split-interest" trusts that Congress intended § 2055(e) to cover are trusts in which a non-charitable beneficiary has a life interest and the charitable beneficiary has a remainder interest. The complaint was denied and Mr. Galloway appealed.

The U.S. Court of Appeals, Third Circuit, affirms and holds that the clear, unambiguous language of IRC § 2055(e) disallows any charitable deduction where an interest in the same property passes to both charitable and non-charitable beneficiaries.