Announcement 2009-50

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Internal Revenue Bulletin:

2009-25 June 22, 2009

Announcement 2009-50

Section 2036—Graduated Retained Interests; Correction



Internal Revenue Service (IRS), Treasury.


Correction to notice of proposed rulemaking.


This document contains corrections to a notice of proposed rulemaking (REG-119532-08, 2009-20 I.R.B. 1017) that was published in the Federal Register on Thursday, April 30, 2009, at 74 FR 19913. The corrections relate to proposed regulations that provide guidance on the portion of trust property includible in the grantor’s gross estate if the grantor has retained the use of the property, the right to an annuity, unitrust, graduated retained interest, or other payment from such property for life, for any period not ascertainable without reference to the grantor’s death, or for a period that does not in fact end before the grantor’s death.


Theresa M. Melchiorre, (202) 622-3090 (not a toll-free number).



The notice of proposed rulemaking that is the subject of this document is under section 2036 of the Internal Revenue Code.

Need for Correction

As published, the notice of proposed rulemaking (REG-119532-08) that was published on April 30, 2009 (74 FR 19913) contains errors in one of the charts that are misleading and needs clarification.

Correction to Publication

Accordingly, the notice of proposed rulemaking which was the subject of FR Doc. E9-10003 is corrected as follows:

On page 19917, §20.2036-1(c)(2)(iii) Example 7 (iii), the chart at the top of the page is corrected to read as follows:

§20.2036-1 Transfers with retained life estate.

* * * * *

(c) * * *

(2) * * *

(iii) * * *

Example 7. (i) * * *

(iii) * * *

Year 3 Year 4 Year 5 Amount required to generate annuity
Additional annuity $34,560 Deferral


$453,109 $453,109
Additional annuity $28,800 Deferral period $403,266 $403,266
Annuity in year of death $144,000 $2,117,647 2,117,647
Total amount (sum)

included in gross estate


* * * * *

Cynthia E. Grigsby,
'Senior Federal Register Liaison Officer,
Publications and Regulations
Legal Processing Division,
Associate Chief Counsel
(Procedure and Administration).


(Filed by the Office of the Federal Register on June 2, 2009, 8:45 a.m., and published in the issue of the Federal Register for June 3, 2009, 74 F.R. 26597)

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