In a brand new revenue ruling (Revenue Ruling 2008-41), the IRS now recognizes that Charitable Remainder Trusts may be split up on a pro-rata basis and still preserve their tax advantaged status under the Internal Revenue Code.
Practically speaking, this shows the intricacies of tax law and how uncertainty prevails over even what is seemingly the most minute of details. One would think, for example, that the IRS would (of course!) look at the overall transaction in interpreting a specific tax approach. But, not necessarily! This small case is a window into tax law, and oftentimes conflicting court cases, Revenue Rulings, and Private Letter Rulings on specific cases. This is “food for thought” for those who would go it alone. Not even the lawyers can figure out this stuff!