0702016 Informal Interpretation

From:(redacted)

Sent:Thursday, February 15, 2007 1:32 PM

To:Verne, B. Michael

Subject:Control of Trust

Mike,

Ihave what I think is a quick question regarding whether settler controls atrust.

Anindividual (settler) set up a charitable trust. The trust is irrevocable, andthe settler holds no reversionary interest. (The trust is a charitablefoundational and all holdings of the trust must go to charity). So far so good.The settler and his wife are the designated trustees, and he has the power toappoint more trustees. He does not have the power to remove and replacetrustees. According to opinion 47 in the PNO manual, I conclude that the trustis its own UPE and its assets are not held by the settler. In particular,Opinion 47 says "Note, however, that a trust instrument that designatesthe settler as trustee does not, by itself, confer power to control the truston the settler/trustee."

Doyou agree?