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07/13/2008

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We cannot respect the intention of a trust that is by intention charitable, but does not meet the criterion for charitable status, however lawful its intentions may be. On that ground, I suspect that Ms Helmsley was advised that a charitable trust simply for the benefit of dogs as a class might be found to be defective, and therefore expressed her intention in non-binding form. On that ground too, It seems to me there is a strong case for honouring the donors' intentions, but not treating such gifts and bequests as charitable. The dogs can and should pay their taxes like everyone else who cannot vote; if the dogs are rich enough.

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