Internal Revenue Service Adds Four “No Rule” Areas for Trusts and Estates

Revenue Procedure 2022-3 added the following to the list of areas in which the Internal Revenue Service won’t grant private letter rulings, pending internal resolution of the issues:

• whether an act of self-dealing occurs when a private foundation (PF) (or other entity subject to Internal Revenue Code Section 4941) owns or receives an interest in a limited liability company or other entity that owns a promissory note issued by a disqualified person;
• whether an estate is entitled to an estate tax marital deduction for any portion of the annuity or unitrust interest of a charitable remainder trust (CRT) that may be distributed between the decedent’s spouse and a charitable organization at the discretion of the trustee;
• whether a donor is entitled to a gift tax marital deduction for any portion of the annuity or unitrust interest of a CRT that may be distributed between the donor’s spouse and a charitable organization at the discretion of a trustee; and
• any issues involving interpretation of distributions from donor-advised funds under IRC Sections 4966 and 4967.