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§ 8.2 FEDERAL GIFT TAXA charitable deduction is allowed for remainder transfers (remainder interests)to charities by the following methods:• A charitable remainder annuity trust 53• A charitable remainder unitrust 54• A pooled income fund 55• A guaranteed annuity 56• An annual fixed percentage distribution of fair market value of property. 57Three other exceptions to this general rule are: (1) contributions of a remainderinterest in a personal residence or farm, 58 (2) contributions of an undividedportion of a donor’s entire interest in a property, 59 and (3) qualified conservationcontributions. 60As to the second of these three exceptions, an income tax charitable contributiondeduction is allowable for a gift of property to a charitable organizationwhen the donee organization is given the right, as a tenant in common with thedonor, to possession, dominion, and control of the property for a portion of eachyear appropriate to its interest in the property. 61 This rule regarding possessionfor only a portion of the year is not in the gift tax regulations; 62 nonetheless, it isthe position of the IRS that this rule applies for gift tax purposes. 63A gift tax charitable contribution deduction is available in respect of anytransfer of a qualified real property interest, 64 as long as the interest meets certainrequirements. 65 Essentially, this deduction is available for irrevocable transfersof easements in real property. 66The IRS ruled that when an individual makes a contribution of an incomeinterest in a marital trust to a charitable organization, the individual is deemed 67to have made a transfer of all interests in the trust property other than theincome interest, resulting in a gift tax charitable deduction for the amountdeemed transferred to the charity. 6853 See Chapter 12.54 Id.55 Id.56 IRC § 2522(c)(2)(B).57 Id. When a beneficiary of a life interest in a charitable remainder trust transfers that interest to the remainderinterest beneficiary charitable organization, it is a charitable gift for gift tax purposes. Rev. Rul. 86-60, 1986-1C.B. 302. See the second paragraph of note 107.58 IRC §§ 2522(c)(2), 170(f)(3)(B)(i). See § 15.2.59 IRC §§ 2522(c)(2), 170(f)(3)(B)(ii). See § 15.3.60 IRC §§ 2522(c)(2), 170(f)(3)(B)(iii). See § 9.7.61 Reg. § 1.170A-7(b)(1). See § 15.3, text accompanied by note 50. These rules apply with respect to transfers ofart works. Winokur v. Commissioner, 90 T.C. 733 (1988); Priv. Ltr. Rul. 9303007.62 See Reg. § 25.2522(c)-3(c)(2)(i).63 Priv. Ltr. Rul. 9303007.64 This term is defined in IRC § 170(h)(2)(C). See § 9.7(a).65 These are the requirements of IRC § 170(h) (see § 9.6) without regard to IRC § 170(h)(4)(A) (see § 9.6(c)).66 IRC § 2522(d).67 IRC § 2519.68 Priv. Ltr. Rul. 200122025. 233