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WHEREAS, by agreement dated February 25, 1998, Robert J. Musser and Marian
IN RE: ROBERT J. MUSSER and
MARIAN L. MUSSER CHARITABLE
REMAINDER UNITRUST
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.21-00-415 ~ o
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ORPHANS' COURT DIVISION ~u,~
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TERMINATION OF TRUST AGREEMENT. WAIVER, -o -'
RECEIPT, RELEASE AND AGREEMENT OF INDEMNITY ~
AGREEMENT made this ~ day of /~D(/E~1 ~Erq , 2010 (the
"Agreement") by and among ROBERT J. MUSSER and MARIAN L. MUSSER, adult
individuals (collectively referred to as the "Beneficiaries" and "Grantors"), and THE
BRETHREN IN CHRIST FOUNDATION, INC., formerly known as THE JACOB ENGLE
FOUNDATION, INC. (the "Trustee").
L. Musser, as Grantors, and the Brethren in Christ Foundation, Inc., as Trustee, established an
irrevocable trust known as "The Musser Charitable Remainder Unitrust" (the "Trust"); and
WHEREAS, Robert J. Musser and Marian L. Musser did, in the Trust, provide for
an annual payment of a percentage of the trust fund from the Trust to themselves during their
lifetimes and during the lifetime of the survivor of them; and
WHEREAS, upon the death of the survivor of Robert J. Musser and Marian L.
Musser, the corpus was to be paid to the Jacob Engle Foundation, Inc., now known as the
Brethren in Christ Foundation, Inc.; and
WHEREAS, the parties agree that the Trust shall be terminated and the Trust
assets should be transferred to the Brethren in Christ Foundation, Inc. the remainder beneficiary,
in exchange for the issuance by the Brethren in Christ Foundation, Inc. to the Beneficiaries of a
Charitable Deferred Gift Annuity, consistent with IRS Private Letter ruling 2001152018.
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NOW THEREFORE, intending to legally bound, the parties agree as follows:
1. Recitals. The recitals set forth above are true and correct and made a part of this
Agreement.
2. Termination of the Trust. The Trustee and the Beneficiaries agree that the
assets of the Trust shall be distributed to the Brethren in Christ Foundation, Inc. which shall issue
a charitable deferred gift annuity to Robert J. Musser and Marian L. Musser for their lifetimes
and the lifetime of the survivor of them, free of any trust or other restriction. A true and correct
copy of the Charitable Deferred Gift Annuity is attached hereto and marked Exhibit A.
3. Waiver of Accounting. Each Beneficiary and Grantor states that he or she
waives his or her right to review an accounting or have an accounting of the Trust filed with the
Register of Wills. Each accepts and approves the accounting with the same force and effect as if
it had been filed in the Office of the Register of Wills, audited in the Orphans' Court, adjudicated
and confirmed absolutely, and the amount paid to the Beneficiaries had been duly awarded to the
Beneficiaries by order of the Orphans' Court.
4. Receiat• Each Beneficiary hereby acknowledges (effective upon actual receipt)
that he or she has received his or her full distributive share of the Trust.
5. Refunding Agreement. Each Beneficiary hereby agrees, in consideration of the
early termination of the Trust and of the promise of the other Beneficiaries, to refund to the Trust
and Trustee on a pro rata basis any amount which may be necessary in the future to discharge
any obligation and liability of the Trust of which the Beneficiary may hereafter receive notice.
6. Indemnification. Each Beneficiary agrees to indemnify and hold harmless the
Trust and Trustee from any action, suit, payment, liability, claim or damage (including legal fees
and costs) related to the administration of the Trust and the distribution of the assets without
formal court approval.
7. R le ease. Each Beneficiary hereby absolutely releases and discharges the Trustee
of and from any and all claims which the Beneficiary may now have or may in the future have
against the Trust and the Trustee, whether due to negligence or otherwise, which that Beneficiary
may have by reason of administration of the Trust.
2
8. FREE ACT. EACH BENEFICIARY REPRESENTS THAT HE OR SHE HAS
READ THIS AGREEMENT, UNDERSTANDS THAT THIS AGREEMENT AFFECTS HIS
OR HER LEGAL RIGHTS, HAS HAD THE OPPORTUNITY TO CONSULT WITH LEGAL
COUNSEL, AND HAS FREELY AND VOLUNTARILY EXECUTED THIS AGREEMENT.
9. A dresses. The names and addresses of the Beneficiaries and Trustee, are as
follows:
Robert J. Musser and Marian Musser
23 Creekview Drive
Carlisle, PA 17013
Brethren in Christ Foundation, Inc.
P.O. Box A
Grantham, PA, 17027
10. Binding Effect. The parties intend that this Agreement is binding upon all
parties, their heirs, successors and assigns, and this Agreement shall be construed under the laws
of the Commonwealth of Pennsylvania.
11. E~}tire Agreement. The parties acknowledge that this Agreement sets forth the
entire Agreement of the parties with respect to the subject matter herein, and fully supersedes
any and all agreements and understandings hereto.
IN WITNESS WHEREOF, and intending to be legally bound hereby, I have
hereunt set my hand and seal this ) ~k~ day of
Witness
Witness
Atte t•
By:
3
IN GRIST FOUNDATION,
~ j~ `--_
AN L. MU SER
COMMONWEALTH OF PENNSYLVANIA
\ SS.:
COUNTY OF ~ ~aw~~,,c-1 oar
On this, the ~ b~~ay of ~oyQ.yv~~otS' , 201,0`, be{f~ore mce, a Notary Public, the
undersigned officer, personally appeared E,~V~-~ H , l"~intc~r~ ,who
acknowledged im herself to be a ~~~e~ ~C.~,~,i V~ V~'1' 1~.Q.fi of the
BRETHREN IN CHRIST FOUNDATION, INC., and that being authorized to do so as such
officer executed the foregoing instrument for the purposes therein contained on behalf of the
corporation.
WITNESS my hand and seal the day and year aforesaid.
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Member, pennavN~nia Afcocl~lon d Nobrks
Notary Public 11,,
My Commission Expires: q • a,~ ^ add ~1'
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530975v1
Charitable Deferred Gift Annuity Agreement
Brethren in Christ Foundation
Two Life Joint and Survivor Deferred Payment Joint Property Annuity for Annaitants
Robert J Masser and Marian L Musser by Donors Robert J and Marian L Musser
This Agreement is made November 3, 2010, between Robert J and Marian L Musser of 23 Creekview Dr,
Carlisle, Pennsylvania 17015 (hereafter the 'Donors"), and a charitable organization, known as the
Brethren in Christ Foundation, PO Box 290, 431 Grantham Road, Grantham, Pennsylvania 17027
(hereafter the "Charitable Organization").
1. Property Transfer. The Donors, to show their desire to support the Charitable
Organization and to make a charitable gift, have this day contributed to the Charitable Organization
$115,629.98, which is more fully described in Schedule A attached hereto.
2. Payment of Annuity. In consideration of the property transferred by the Donors, the ,
Charitable Organization shall pay as of the starting date specified below to the Annuitants Robert J
Musser and Marian L Musser for their joint lives and to the survivor for his or her life an annual annuity
of $7,515.96, in equal semiannual payments of $3,757.98 at the end of each period. The first payment
shall be on December 31, 2014, and all future payments shall be semiannual thereafter. The obligation of
the Charitable Organization to make the annuity payments shall terminate either without payment if both
Annuitants die before the first payment or with the payment prior to the death of the surviving Annuitant.
3. Birth Dates, Ages, Social Security Numbers and Addresses. The birth date, age to the
nearest year, Social Security number and address of Robert J Musser are July 5, 1939, Age Seventy-One
(71), SSN 181-32-5513 and 23 Creekview Dr, Carlisle, Pennsylvania 17015. Those of Marian L Musser
are March 11, 1943, Age Sixty-Eight (68), SSN 199-34-7989 and 23 Creekview Dr, Carlisle,
Pennsylvania 17015. ff any birth date or age shall be at any time found incorrect, then any
underpayment or overpayment due to misstatement or other error shall be corrected by prompt
distribution to the Annuitants or by charge against current or future payments, as maybe applicable.
4. ~nnuiri Provisions. This annuity is irrevocable and nonassignable, except that it may be
assigned to the Charitable Organization. Notwithstanding other provisions, Donors reserve the right by
Will to revoke the survivor's right to receive one-half of the annuity payments pursuant to this agreement.
If a Donor exercises this right of revocation, the Charitable Organization's obligation to make that
one-half of the annuity payments shall terminate with the payment prior to the death of the revoking
Donor. This Agreement with attached Schedule A constitutes the entire agreement of the parties.
5. Pavout and Use Provisions. Unless the Charitable Organization is notified in writing of
a change of address or another method of payment is selected by written agreement, annuity payments
shall be made to the Annuitants' address noted in this Agreement. Annuity payments shall be made under
the provisions of this Agreement and shall not be otherwise modified or commuted. After all required
annuity payments under this Agreement are completed, twenty-five percent (25%) shall be distributed to
the Charitable Organization and any annuity remainder amount shall be distributed in accordance wit the
attached Charitable Gift Distribution Form.
6. State Law Provisions. The assets transferred are specified under Schedule. A. This
Agreement shall be governed by the laws of the state of Pemisylvanis.
This annuity Agreement shall be interpreted in a manner that is in compliance with
applicable existing state law. This qualified gift annuity qualifies under section 501(m)(5) of the
Internal Revenue Code of 1986 (Public Law 99 - 514, 26, U.S.C. and 501(m)(5))or any successor
provision and is oot designed primarily as an investment but rather as a charitable gift. By signing this
agreement, the Donors acknowledge receipt of the Charitable Organization Gift Annuity Disclosure
Statement, in accordance with the requirements of the Philanthropy Protection Act of 1995.
The~parties acknowledge that, as of the date hereof, the fair market valve of the
property transf@rred to the Charity is substantially in excess of the fair market valve of the
annuity and that the difference between those valves constitutes a gift by the Donor to the Charity
for its charitably purposes. The promise to pay is not insurance ander the laws of Pennsylvania, is
not subject to re}gnlatbn by the Insurance Department and is not protected by the Pennsylvania
Life and Health'Insnrance Guaranty Association ender Article XVII of the Act of May 17,1921
(P.L. 682, No. 2164) known as the Insurance Company Law of 1921, or any other protective device.
Rather, all of the assets of the Charity stand behind this promise to pay.
>n addition, to the extent that an amendment does not conflict with federal law, the
Agreement may be amended by mutual agreement of the parties solely for the purpose of compliance
with state law. 'I?he donor may contact Elvin H Peifer, Chief Executive Officer of Brethren in Christ
Foundation, to obtain a copy of (a) the organization's status under section 170(c) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. section 170(c)) or any successor provisions; and (b)
financial statements filed with a governmental agency or audited financial statements from the charity
showing that the charity has unrestricted and unencumbered assets in the form of cash, cash equivalents
or publicly traded securities of at least $100,000 plus one-half of the principal value of any annuities
issued by the organization and then in effect. The Brethren in Christ Foundation came into existence on
09-29-1972, has been in continuous existence for at least three (3) years; is a qualified charity on this
date, being an organization described in section 170(c) of the Internal Revenue Code of 1986 or any
successor provision; has unrestricted and unencumbered assets in the form of cash, cash equivalents or
publicly traded securities of at least $100,000 plus one-half of the principal value of any gift annuities
issued by the organization then in effect, and is a charitable organization which is required to or does file
a registration statement with the Pennsylvania Department of State under the provisions of the Act of
December 19, 1990 (Public Law 1200, No. 202), lrnown as the Solicitation of Funds for Charitable
Purposes Act.
6. State Law Provisions. The assets transferred are specified under Schedule. A. This
Agreement shall be governed by the laws of the state of Pennsylvania.
This annuity Agi~eement shall be interpreted in a manner that is incompliance with
applicable existing state law. This qualified gift annuity qualifies under section 501(m)(5) of the
Internal Revenue Code of 1986 (Public Law 99 - 514, 26, U.S.C. and 501(m)(5)) or any successor
provision and is not designed primarily as an investment but rather as a charitable gift. By signing this
agreement, the Donors acknowledge receipt of the Charitable Organization Gift Annuity Disclosure
Statement, in accordance with the requirements of the Philanthropy Protection Act of 1995.
The parties acknowledge that, as of the date hereof, the fair market value of the
property transferred to the Charity is substantially in excess of the fair market value of the
ananity and that the difference between those valves constitutes a gift by the Donor to the Charity
for its charitable purposes. The promise to pay i8 not insurance ender the Taws of Pennsylvania, is
not subject to regulation by the Insurance Department and fs not protected by the Pennsylvania
Life and Health Insurance Guaranty Association under Article XVII of the Act of May 17,1921
(P.L. 682, No. 284) known as the Insurance Company Law of 1921, or any other protective device.
Rather, all of the assets of the Charity stand behind this promise to pay.
In addition, to the extent that an amendment does not conflict with federal law, the
Agreement may be amended by mutual agreement of the parties solely for the purpose of compliance
with state law. The donor may contact Elvin H Peifer, Chief Executive Officer of Brethren in Christ
Foundation, to obtain a copy of (a) the organization's status under section 170(c) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. section 170(c)) or any successor provisions; and (b)
financial statements filed with a governmental agency or audited financial statements from the charity
showing that the charity has unrestricted and unencumbered assets in the form of cash, cash equivalents
or publicly traded securities of at least $100,000 plus one-half of the principal value of any annuities
issued by the organization and then in effect. The Brethren in Christ Foundation came into existence on
l)9-29-1972, has been in continuous existence for at least three (3) years; is a qualified charity on this
date, being an organization described in section 170(c) of the Internal Revenue Code of 1986 or any
successor provision; has unrestricted and unencumbered assets in the form of cash, cash equivalents or
publicly traded securities of at least $100,000 plus one-half of the principal value of any gift arn-uities
issued by the organization then in effect, and is a charitable organization which is required to or does file
a registration statement with the Pennsylvania Department of State under the provisions of the Act of
December 19, 1990 (Public Law 1200, No. 202), lrnown as the Solicitation of Funds for Charitable
Purposes Act.
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Agreement on the date first stated above.
Donors:
Robert - Musser
~L.tiGy~~- s~ ii o
Mari L Musser
Date: // /0 ~
Date: /~ /~ /v
Brethren Foaq n Incorporation Date - 09-29-1972
gy; 1 11 Date: ( ~
E1 ' ei ecutive Officer
Attest: Date: ~~ ~ ~~ D
Da d M Strausser, Trust Officer
SCHEDULE "A"
Charitable Gift Annuity, dated November 3, 2010, for Robert J. and Marial L.
Musser.
The following has been received:
Cash transfer of $115,629.98 from the termination of the Musser Charitable
Remainder Unitrust.
Two Lives
Election: IRC Sec. 7520(a) election made using September 2.4% rate
Donor Bob Musser Gift Amt. $146,491.30 Gift Date 11/03/2010
First Person Bob Musser Birth Date 07/05/1939 Age* 71
Second Person Marian Musser Birth Date 03/11/1943 Age` 68
Payment Freq. Quarterly (Payments at End of Selected Period)
Age` -Year changes at six months from birth date
(A) Unitrust Percentage
(B) Factor for Adjusted Payout Rate
IRS Pub 1458, Table F
AFR of the Month 2.4%
(C) Adjusted Payout Rate (A x B)
(D) Nearest table rate below (C)
(E) Factor at Line (D) rate
(IRS Pub. 1458, Table U(2))
(F) Nearest table rate above (C)
(G) Factor at Line (F) rate
(IRS Pub. 1458, Table U(2))
(H) Line (E) Minus Line (G)
(I) Line (C) Minus Line (D)
(J) Line (I) Divided by 0.2%
(K) Line (H) Times Line (J)
(L) Line (E) Minus Line (K) 0.21067
(M) Line (L) Times Gift Amount
PRESENT VALUE OF REMAINDER INTEREST s30 861.32
(N) TAX BRACKET AND SAVINGS 25.00% 7 715.33
(A)
(D)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
- Nov O8, 2010 Page 1 of 2 -
Thls educational Illustration Is not protesslonal tax or legal advice; consult a tax advisor about your speciflc sltuatlon.
RATE OF September 2.4°~
THE MONTH
GIFT DATE 11!3/2010
FIRST PERSON Bob Musser
BIRTH DATE 7/5/1939
SECOND PERS. Marian Musser
BIRTH DATE 3/11/1943
INCOME TAX % 25.00
CAP. GAIN % 0.00
(Income and capital gains rates are assumes
Options: Future Tax Rate 0.0096
EXPECTANCY 22.3
TRUST AMOUNT $146,491
COST BASIS $146,491
CURRENT RETURN 0.00
TRUST RETURN" 0.000000
1st PAYOUT % 8.83
Net Quarterly Growth -8.830
2nd PAYOUT % 8.83
Net Quarterly Growth -8.830
PAYMENT FREQ. Quarterly
" 0% Return rate adjusted to 0°k for Quarterly payments.
-- Nov 00, 2010 Page 2 of 2 --
This educational Illustration is not professional tax or legal advice; wnsult a tax advisor about your specific skustlon.
BICF ~.-~ 1 ~ liJli~
Brethren in Christ
FOUNDATION H~„a,,,~~a~s~,~~~;,~f~.,,/~„~ ra;r~~/uts<<~~{~<,~~,1~
POST OFFICE BOX 290
431 GRANTHAM ROAD
GRANTHAM, PA 17027
November 11, 2010
Mr. Jeffrey A. Ernico, Esquire
Mette, Evans and Woodside
P.O. Box 5950
Harrisburg, PA 17110-0950
Dear Jeff:
Enclosed is the fully executed, signed Termination of Trust Agreement of Bob and Marian
Musser. Also enclosed is a copy of the Charitable Deferred Gift Annuity Agreement between
Bob and Marian Musser and the Brethren in Christ Foundation. I also enclosed some Crescendo
printouts that support figures for/from the termination of the charitable remainder unitrust
and the establishing of the charitable gift annuity.
If you have any questions, please let me know. Thanks again for all of your work!
Sincere ,
David M. Strausser
Trust Officer
Phone: (717) 796-4788 Fax: (717) 697-7714 E-mail: info@bicfoundatlon.org
Deferred. Gift Annui
Prepared For
Robert J Musser
and
Marian L Musser
A SERVICE PROVIDED BY
Gift Planner
Director of Gift Planning
Crescendo Interactive, Inc.
110 Camino Ruiz
Camarillo, California 93012
Phone 800-858-9154
crescendo a~cresmail.com
This illustration is offered as a service.
Please feel free to call for further assistance.
Software by Croacsndo Intersetivs, Inc. Version 2010.2 Copyright ®2010 (66)
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The Deferred Payment Charitable Gift Annuity is a combination of a gift to charity and an
annuity. Since the annuity payments start at a time in the future, your annuity rate may be
substantially higher due to the period of deferral. When you do receive annuity payments, part
of each payment is tax-free return of principal and part is ordinary income. T'he combination of
partially tax-free income and the initial charitable deduction makes this agreement quite
attractive.
Tax Free Portion of Annuity
A gift annuity is a contract between the chazity and the individual. The individual, referred to
as the donor, transfers property to the charity and the charity promises to pay a given
amount at the end of each selected payout period for one life or, in some cases, for two
lives. Part of the payment is interest earned and is taxable as ordinary income. Part of the
payment is return of principal and is not taxed. Furthermore, in the yeaz that the agreement is
funded, the charitable gift amount may be taken as a current income tax deduction.
Appreciated Property
Appreciated stock or other assets may be gifted to charity in exchange for a gift annuity. The
capital gains tax is avoided in part on the appreciated property. Part of the gain is allocated
to the charitable gift amount and there is no capital gains tax on that portion. The balance of
the gain is allocated to the gift annuity and is taxed each yeaz over the projected life
expectancy of the annuitant. Since tax is spread over the lives of the annuitants and they aze
receiving in part tax-free income, the transfer of appreciated property in exchange for a
gift annuity can produce substantial after-tax income.
Fined Payments
Deferred payment gift annuities aze most attractive to persons who do not need current income
but would prefer a larger annuity payment at a future time. In choosing the deferred payment
gift annuity, you should remember that the payment is fixed for two lives and will not be
affected by investment or market conditions.
-- Nov OB, 2010 Page 4 of 16
This educational fllustnnion is not professional tax or legal advice; eonsuk a tax advisor about your specific situation.
First Ann. Robert J Musser Age Now 71
Payment Age 75
Sec. Ann. Marian L Musser Age Now 68
Payment Age 72
TOTAL GIFT AMOUNT $115,629.98
TOTAL CHARITABLE DEDUCTION $27,518.13
ANNUITY OF 6.50% $7,515.96
(Starts December 31, 2014)
EXCLUSION RATIO 64.8%
INCOME TAX INFORMATION
SEMIANNUAL ANNUAL
PAYMENT TOTALS
Ordinary Income
Capital Gain Payout
Tax Free*
ANNUITY AMOUNT
*T
until end of
$3,757.98
$2,645.62
$4,870.34
$0.00
$7,515.96
- Nov 06, 2010 Page 6 of 16 -
This educational illustration is not professional tax or legal advice; consult a tax advisor about your specific situation.
PRINCIPAL ANNUITY ANNUITY CHARITABLE INCOME TAX TOTAL TAX
AMOUNT PERCENT AMOUNT DEDUCTION SAVING SAVINGS
$115,630 6.50% $7,516 $27,518 $0 $0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°h 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°k 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°h 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°~ 0 0 0 0
0 0.00°h 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°k 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00% 0 0 0 D
0 0.00% 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°k 0 0 0 0
0 0.00% 0 0 0 0
0 0.00°k 0 0 0 0
0 0.00% 0 0 0 0
NOTE: Annuity Payout % and Tax Deductlon use 2010 Tables. Tax Consegwneas may vary in future yeare.
Nov 08, 2010 Page 8 of 18 -
Thls educational fllwtretlon Is not professional tax or legal advice; consult a tax advisor about your specific sitwtlon.
ANNUITY EXCLUSION CAPITAL RETURN TOTAL LTCG TOTAL BASIS
AMOUNT RATIO GAIN OF BASIS IN CONTRACT IN CONTRACT
$7,515.96 64.8°k $4,870.34 $0.00 $88,111.85 $0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0°h 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% ~ 0.00 0.00 0.00 0.00
0.00 0.0°h 0.00 0.00 0.00 0.00
0.00 0.0°k 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 . 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
0.00 0.0% 0.00 0.00 0.00 0.00
NOTE: Annuity Payout % and Tax Deduction use 2010 Tables. Tax Consequences may vary In future yeare.
Nov 08, 2010 Pegs 7 of 18 --
This educational illustration is not professional tax or legal advice; consult a tax advisor about your specific skuation.
PRINCIPAL INCOME TAX NET AMOUNT ANNUITY EQUIVALENT
CONTRIBUTED SAVING INVESTED PAYMENTS TAXABLE ANN.
$115,630 $0 $115,630 $7,516 $7,516
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
-- Nod 05, 2010 Palls B of 16 --
This edueadonal illustradon is not professional tax or legal advice; consuk a tax advisor about your spsekic akuadon.
Robert J Musser and Marian L Musser Tax Anal sis: Annual) Lifetime
Principal $115,829.98 Ordinary $2,645.82
Total Invested In Contract $88,111.85 Capital Gain $4,870.34 $88,111.85
Charitable Deduction $27,518.13 Basls $O.00 $0.00
Total Annuity $7,515.96
Ordinary Capital Tax-Free Cumulative Cumulative
Years Income Gain Pa out Return Ca ital Gain Tax-Free
$1,322.81 $2,435.17 $0.00 $2,435.17 $0.00
2,645.62 4,870.34 0.00 7,305.51 0.00
2,645.62 4,870.34 0.00 12,175.85 0.00
2,645.62 4,870.34 0.00 17,046.19 0.00
2 645.62 4 870.34 0.00 21 916.53 0.00
2,645.62 4,870.34 0.00 26,786.87 0.00
2,645.62 4,870.34 0.00 31,657.21 0.00
2,645.62 4,870.34 0.00 36,527.55 0.00
2,845.62 4,870.34 0.00 41,397.89 0.00
2 645.62 4 870.34 0.00 46 268.23 0.00
2,645.62 4,870.34 0.00 51,138.57 0.00
2,645.62 4,870.34 0.00 56,008.91 0.00
2,645.62 4,870.34 0.00 60,879.25 0.00
2,845.62 4,870.34 0.00 65,749.59 0.00
2 645.62 4 870.34 0.00 70 619.93 0.00
2,645.62 4,870.34 0.00 75,490.27 0.00
2,645.62 4,870.34 0.00 80,360.61 0.00
2,645.62 4,870.34 0.00 85,230.95 0.00
4,635.06 2,880.90 0.00 88,111.85 0.00
7 515.96 0.00 0.00 88 111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7 515.96 0.00 0.00 88 111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00.
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7 515.96 0.00 0.00 88 111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7 515.96 0.00 0.00 88 111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7,515.96 0.00 0.00 88,111.85 0.00
7 515.96 0.00 0.00 88 111.85 0.00
Note: Taxable amount figures may change H IRS Regulatlons change before annuity payments starting date.
Life Ereecfancv Based Uoon Trsasurv Tablsa is 22.3 nears.
- Nov 08, 2010 Page 9 of 18 --
This educational illustration is not professional tax or legal advice; consuk a tax advlaor about your apeelfic skuation.
Election: IRC Sec. 7520(a) election made using September 2.4% AFR.
Donor Robert J and Marian L Musser Prop. Value $115,629.98 Gift Date 11/03/2010
1st Person Robert J Musser Birth Date 07/05/1939 Pay Date 12/31/2014
2nd Person Marian L Musser Birth Date 03/11/1943 Annuity % 6.500000
Cost Basis $0.00 IRS Annuity Starting Date 07/01/2014
Pmt. Freq. Semiannual (Payments at End of Selected Period)
(A) Annual Annuity Payout
Gift Amt. x Annuity °r6
AFR of the Month
(B) Dx Factor
Age
Age
(IRS Pub. 1457, Table H)
(C) Dx Factor/Dx Factor
(D) Value of Lx Factors
(IRS Pub. 1457)
(E) Lx Factor/Lx Factor
2.4%
First Annuitant
75 10901.179747
71 13552.889202
0.804344
75 64,561
71 73,001
(F) Unadjusted Val. $1, Age (B)
(IRS Pub. 1457, Table S)
(G) Adjustment for time of Pmt.
(IRS Pub. 1457, Table K)
(H) Adjusted Factor
Line (F) x Line (G)
0.884385
$7,515.96 (A)
Second Annuitant
71 13552.889202
68 15559.588694
(B)
(C)
0.871031
71 73,001
68 78,054
0.935263
851
(D)
(E)
(F)
(G)
(H)
7/1/2010 ACGA Rates
- Nov 0lS, 2010 Page 10 of 16 -
This educational Illustration is not professional tax or legal advlee; consult a tax advisor about your speclflc sltuatlon.
(I) Value $1 -- Single Life
Deferred Annuity (C) x (H)
7.4980 9.6550 (I)
JOINT ANNUITY CALCULATIONS
(J) Two Life Remainder Factor
(IRS Pub. 1457, Table R(2))
(K) Value 1 Less Factor in (J)
(L) Unadjusted Value $1 of Joint and Survivor Annuity
Line (K)/AFR
(M) Adjusted Value $1 of Joint and Survivor Annuity
Line (L) x Line (G)
(N) Adjusted Value $1 of Joint Life Annuity
Line (H) Total -Line (M)
(O) Def. Disc. Factor. 1ST 0.770327
Line (C) x Line (E) of Other Annuitant
Average of Two Factors
(P) Value $1 of Deferred Joint Life Annuity
Line (N) x Line (O)
(Q) Value $1 of Deferred Annuity
Line (I) Total -Line (P)
(R) Present Value of Annuity
Line (Q) x Line (A)
(S) Amount of Principal Transferred
(T) CHARITABLE GIFT VALUE
Line (S) less Line (R)
$27,518.13 (T)
Nov 05, 2010 Page 11 of 16 --
This educational illustration is not professional tax or legal advice; consult a tax advisor about your speclflc situation.
0.68332 (J)
0.31668 (K)
13.1951 (L)
13.2743 (M)
7.1322 (N)
2ND 0.752273 (O)
0.761300 (O)
5.4297 (P)
11.7233 (Q)
$88,111.85 (R)
$115,629.98 (S)
(U) Unadjusted Expected Return Multiple 18.3 (U)
(Reg.Sec. 1.72-9, Table VI)
(~ Adjustment if Not Monthly -0.2 M
(Reg. Sec. 1.72-5(a)(2))
(W) Adjusted Expected Return Multiple 18.1 (W)
Line (U) Plus Line (V)
Sec. 72 Mult.18.1 -Uniform Table Expectancy 22.3
(X) Expected Return $136,039 (X)
Line (W) Times Line (A)
(Y) EXCLUSION RATIO 64.8% (Y)
Line (R) Divided By Line (X)
(Z) Amt Excluded From Ordinary Taxation $4,870.34 (Z)
Exclusion Ratio Times Annuity
(I. R.C. Sec. 72(b)(3))
(AA) Basis Allocated to Annuity $0.00 (AA)
Basis Times Line (R)/GIFT
(BB) Gain Allocated to Annuity $88,111.85 (BB)
Line (R) Less Line (AA)
(CC) Capital Gain Each Year $4,870.34 (CC)
Line (BB) Divided By Line (W)
(Not to Exceed Line (Z); Assumption: Joint Property)
SUMMARY OF DEFERRED PAYMENT GIFT ANNUITY
Issue Date 03-Nov-10 Amount Transferred $115,629.98
First Pmt 31-Dec-14 Annual Annuity $7,515.96
~~.5
Ages: Gift Start Pmt. Charitable Deduction $27,518.13
71 75 75
68 71 72
EXCLUSION RATIO (If current Tables effective) 64.8°~
Nov O6, 2010 Page 12 of 16
This educational illusfraflon is not professional tax or legal advice; consult a taz advisor about your speclflc sltuatlon.
PLEASE NOTE -- FIGURES IN (U) THROUGH (CC) MAY CHANGE IF THE IRS
REGULATIONS ARE CHANGED BEFORE THE ANNUITY PAYMENT8 STARTING DATE.
A. Flow Chart
The deferred gift annuity program flow chart shows the initial contribution or contributions for
the annuity. A deferred gift annuity is a contract similar to the current gift annuity, with the
payout to the annuitant or annuitants deferred for at least one year.
In this illustration, appreciated property is transferred to charity. There is a partial bypass of
gain on the amount allocated to the charitable gift. This bypass amounts to $27,518. The
tax deduction on the gift of $115,630 is $27,518. With a tax bracket of 0.00%, this
may save taxes of $00.
The payment is deferred until December 31, 2014. Since the payment is deferred, the amount
that would otherwise be paid under the gift annuity schedules is increased. The increase
depends upon the length of time and the rate schedule used. In this case, the gift annuity
payout is increased to 6.50%, resulting in an annuity payout of $7,515.96 for two lives.
As is true with a current annuity, a portion of each annuity payment is ordinary income
and the balance is either capital gain or tax-free payout.
After all annuity payments have been distributed, the value of the agreement is then
transferred to the charity that issues the gift annuity contract.
B. Summary of Annuity
The Summary of Annuity form shows the basic data for the gift annuity. The difference
between the current age and the payment age shows the period of deferral. Of the total gift
for this annuity of $115,630, there is a charitable deduction of $27,518. The annuity of
6.50% commencing on December 31, 2014 qualifies for an exclusion ratio of 64.80%.
In the lower portion of this page, the income tax payment information for each payment in the
annual amount is specified. The annual ordinary income is $2,645.62, the capital gain is
$4,870.34 and the tax-free portion is $0.00. The total annuity is $7,515.96.
C. Contribution Schedule I
In the deferred gift annuity program, there are several potential contribution options.
There can be a single contribution of cash or appreciated property, up to six contributions
of any amount, or equal annual contributions until the selected payout date. Since annuity
contracts are separate for each contribution, there may be a significant number of total annuity
contracts if there are multiple contributions. However, it is possible to have all of the annuity
contracts pay out on the same date. In this case, most charities will issue a single check and
a single Form 1099 each year for the cumulative total of all gift annuity payments.
- Nov 06, 2010 Pags 13 of 76 -
This educational Illustration is not professional tax or legal advice; consult a tax advisor about your specifle situation.
Contribution Schedule I shows the yeazs in the left column, the principal amount and annuity
percent each year. If there are additional contributions, the principal amount is shown and
the annuity percentage is calculated for the subsequent yeazs. Since the period of deferral
and the ages change, there will generally be a lower annuity percentage for contributions
after the first year.
The other columns show the annuity amount, the charitable deduction for each contribution,
the income tax savings based on the income tax rate and the total tax savings. At the
lower portion of the schedule, the total for all columns are listed.
D. Contribution Schedule II
In the worksheet for Contribution Schedule II, the specific exclusion ratio for each contribution,
each yeaz and the long-term gain and return of basis aze indicated. Based on the total long-
term capital gain in the contract and the total basis in the contract, it is possible to calculate
the annual amount of long-term gain and return of basis. An example calculation is shown in
the deduction worksheet.
Once again, the totals for the annuity amount, average exclusion ratio and total capital gain
and return of basis each year are shown on the lower portion of the worksheet.
E. Effective Annuity Rate
Based upon the principal contributed and the tax benefits, it is possible to calculate an
effective annuity rate. First, if there is a contribution of $115,630 and total income tax
savings of $0, then the actual effective amount invested is $115,630. In addition, the
annuity payment of $7,515.96 is in part atax-free payment. An equivalent taxable payout
is $7,516. By calculating the effective tax payout and dividing that by the net invested
amount, the tax benefits produce an effective rate that is appreciably higher than the actual
cumulative rate. In this case the cumulative rate of 6.50% is attractive, but the effective rate
considering the income tax savings and partially tax-free payment is 6.50%. This, of course,
makes the agreement even more attractive.
F. Income Taxation
At the top of the Income Taxation worksheet is the total principal of $115,630, the contract
value of $88,112 and the gift amount of $27,518. Based on the contract amount and the
allocated basis, the annual payout consists of ordinary income of $2,645.62, capital gain of
$4,870.34 and tax-free return of basis of $0.00.
The columns illustrate the exact amount of ordinary income, gain payouts and tax-free return
for each year. If there is a payment of less than a full annual amount the first year, there will
often be a lesser amount the first year and a lower amount of gain and tax-free amounts
the final year of the agreement. After all return of basis payments aze complete, then future
payouts will be all ordinary income.
- Nov 08, 2010 Page 14 of 18 -
This educational fliustretion is not professional tax or legal advice; consuk a tax advisor about your specffic situation.
G. Charitable Deduction Worksheet
The Charitable Deduction worksheet displays the names and birth dates of the annuitants.
The annuity percentage is increased under the appropriate tables, based upon the period
of deferral. Under the regulations in Sec. 72, the IRS annuity starting date for a deferred
gift annuity is one payment period before the payout date. Thus, for a gift annuity that
makes semiannual payments, the payout date is December 31, 2014, but the annuity
starting date is July 1, 2014.
The factors from IRS Publication 1457 for two lives aze calculated by the software for both
the age at funding and the ages at payout on Lines (B) through (E). Based on these factors,
the value of the payout is determined and the adjusted factor is listed on Line (IT). Line (C)
times Line (H) produces a joint factor on Line (I).
With atwo-life deferred payment gift annuity, the joint annuity calculations are completed
on Lines (J) through (Q). The Line (Q) factor is multiplied by the annuity to determine the
annuity or contract value on Line (R). Based on the amount of principal, the annuity value
of $88,111.85 is subtracted from $115,629.98, leaving a charitable gift of $27,518.13.
On Line (U), the unadjusted expected return multiple shows the life expectancy of the
donors. The adjusted return multiple on Line (W) is multiplied by the annuity on line (A)
and produces the total expected return on Line (X) of $136,038.88. Based on the exclusion
ratio of 64.80%, $4,870.34 is excluded annually from ordinary taxation. The basis allocated
on Line (AA) is $0.00. Subtracting this basis from the contract value produces a total
gain on Line (BB) and an annual gain amount on Line (CC) of $4,870.34. With atwo-life
annuity, it is possible to calculate this number over the two lives with joint properly or over
the life of the first person if there is sepazate property.
At the base of the worksheet, there is a summary of the annuity that indicates the annual
annuity and the charitable deduction. In addition, the initial, starting and payment ages
are listed. Since the starting date is one period prior to the payment date, the age on the
.,.m..-------.
annuity starting date may be m some cases one,year less than the age at the payment date.
O co sear , as is true w>th all IRS age calculations, a es aze rounded to the nearest yeaz. n.,
H. Deferred Payment Gift Annuity Options
There are both contribution options and payout options with the deferred payment gift
annuity program. Funding the annuity contracts may be one contribution, up to six
contributions of any amount or equal annual contributions until the first payout date. Each
contribution will be a sepazate contract, with rate and deduction as of the date of funding.
The payouts could include a distribution for the standard deferred gift annuity, a payout over
a term of years, or a payout with a flexible annuity.
- Nov 06, 2010 Page 15 of 16 -
This edueatlonal Illustration Is not professional tax or legal advice; consult a tax advisor about your specific situation.
Rate of the Month
September 2.4%
Gift Date 11/3/2010
DONOR Robert J and Marian L Musser
Inc. Tax % 0.00%
First Person Robert J Musser Birth Date 7/5/1939 Cap. Gain % 0.00°/s
Sec. Pers. Marian L Musser Birth Date 3/11/1943 Annuity % 6.50°~
Pmt. Freq. Semiannual Date 1st PMT 12/31/2014
Options
Recipient: Donor and Another Person
Gain Taxed: Gain Reported Over Two Lives
Property Title: Joint Property
End value: $115,629
Reinsure GA: No
GA Gain: 100°k Long Term Gain
State Credit: None
OPTION TWO -- Single Gift
or Variable Amounts
YEAR AMOUNT BASIS
2010 $115,629.98 $0.00
2011 $0.00 $0.00
2012 $0.00 $0.00
2013 $0.00 $0.00
2014 $0.00 $0.00
2015 $0.00 $0.00
Total# 1
END OF CONTRACT VALUE TO CHARITY $115,629.00
- Nov 08, 2010 Page 18 of i6 --
This educational Illustration Is not professional tax or legal adults; consult a taz advisor about your speclflc sltustlon.
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Robert J. Musser
23 Creekview Drive
Cazlisle, PA 17013
Marian Musser
23 Creekside Drive
Cazlisle, PA 17013
Brethren In Christ Foundation, Inc.
P.O. Box A
Grantham, PA 17027
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ----
Je . Ernico, Esquire
. Ct. I.D. No. 07981
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Date: November 22, 2010
6