As with a remainder trust, the IRS takes a snapshot of the deal when it's created, assumes the assets will earn a setrateof return--now just 7.2% --and taxes the assets being passed to heirs based on that.
Of course, all this assumes that the low dividend and capital gains rate, now set to expire at the end of 2008, is made permanent and that the highest tax rateof 35% for ordinary income doesn't rise.