17011001 Informal Interpretation



Samuel Sheinberg


We agree that the individual controls the trust.



We agree that the individual controls the trust.


From: HSRHelp

Sent: Wednesday, November 01, 2017 1:40 PM

To: Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Gillis, Diana L.; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead, Nora; Jones, Robert L.

Subject: FW: Rule 801.1 UPE Question


From: [Redacted]

Sent: Wednesday, November 01, 2017 1:39:48 PM

To: HSRHelp

Cc: [Redacted]

Subject: Rule 801.1 UPE Question

Auto forwarded by a Rule

Dear PNO Attorneys:

We have a question regarding UPE determination.

Where an individual has the power to “remove and replace” the Trustee(s) of irrevocable trusts, does that individual control the trusts for HSR purposes where this power is limited by an inability to replace the Trustee(s) with any person or any entity that is deemed “related or subordinate” to that individual, as such phrase is defined in IRC 672(b). We assume this limitation on trustee replacement rights does not negate a finding that the individual controls the trust for HSR purposes by reason of the power to remove and replace Trustee(s), but please confirm.

Please let me know if you require further information in order to respond.

Thanks much.


About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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