Trust donations

No one is allowed to own a charitable trust or corporation. One can be on the board of directors, an officer, employee or a member of a charity. But it can't be owned, and no individual is allowed to benefit from an "investement" in a charity.
So if Lorraine's trust is a qualified charitable trust, complies with all the rules of Section 501(c)(3) of the Tax Code, and has approval from the IRS after filing Form 1023, then yes, the payment can be deductible.
But then Lorraine isn't allowed to take that money home, perhaps other than as salary for services actually rendered. The money has to be used to support the trust's exempt purpose. And if Lorraine takes the money home, she is taxed on it, which wipes out her husband's deduction.
Reply to
Stuart O. Bronstein
What is the nature of Lorraine's trust? Is it her living trust? Is it an irrevocable trust to which she is entitled to the income? To which she is also entitled to the capital?
Something else?
Reply to
Taxed and Spent
OK, I realize I originally read your post incorrectly.
The answer to your question is a qualified "yes." If the trustee of the trust (well, technically the executor of the estate) agrees, the estate can file a joint tax return with the surviving spouse. So if the estate makes a charitable contribution, it would go on the joint return.
Reply to
Stuart O. Bronstein

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