Take-Away: Family limited partnerships (FLPs) are popular because they permit valuation discounts for interests that are transferred to family members during lifetime, or the retained interests warrant valuation discounts at the time of the senior family member’s death. However, FLPs come under close scrutiny by both the IRS and the US Tax Court, and if […]

Take-Away: The Tax Code permits an IRA owner to take periodic distributions from their IRA prior to age 59 ½ without having to pay the 10% early distribution penalty. While this is an opportunity that many will explore if they are economically devastated due to the pandemic, entering into an substantially equal periodic payment plan […]

Take-Away: Many options exist to make tax deductible charitable gifts before the end of this calendar year. A few options  have been expanded by the CARES Act, but for 2020 only. Disclaimer: The topics in the following summary have been previously reported in my missives, so there is nothing really ‘new’ to report. Rather, this […]

Take-Away: The Michigan Court of Appeals had what may be its first occasion to expressly apply Michigan’s trust decanting statute last month. While the Court focused on an administrative trust decanting,  it neither mentioned  nor applied a decanting under the Michigan Powers of Appointment Act which generally pertains to substantive or material changes to a […]

Take-Away: In its Revenue Procedure 2020-45 the IRS published many estate planning inflation adjusted amounts scheduled to apply in 2021. This Procedure is 28 pages long and covers a variety of topics, taxes and thresholds, like the ‘Kiddie Tax,’ and also the more arcane, e.g. a tax is imposed on arrow shafts at $0.53 per […]

Take-Away: A distribution from a retirement account is deemed to carry out proportionate amounts of the pre- and after-tax contributions in all of the participant’s accounts in the qualified plan, or all of the owner’s traditional IRAs. Calculating that proportion of the distribution that is not taxable can make your head spin when all of […]

Take-Away: Another risk associated with using a family limited partnership (FLP) if the FLP’s assets are included in the transferor’s taxable estate due to IRC 2036 is a potential mismatch between the IRC 2036 inclusion amount and the decedent’s reliance upon the marital deduction. Background: As previously covered, the IRS often successfully challenges estate planning […]

Take-Away: A deemed distribution from a retirement account can create a serious tax trap since the distribution will be subject to immediate income taxation, and possibly the 10% penalty for early distributions if the IRA owner or plan participant is under the age 59 ½. The primary traps are when a retirement account is pledged […]

Take-Away: As the pandemic is on the front-page of every newspaper and the lead story on each evening television newscast, we all understand its risk to our health, and the reality that we may become victims of the virus and find ourselves hospitalized. Durable powers of attorney for health care, or advance directives, should be […]

Take-Away: If an individual owns an interest in a cannabis-related business, special consideration needs to be given to holding that interest in a trust, and transfer of that interest by the trustee from the trust, so long as cannabis is treated as an illegal substance under federal law and such business is highly regulated and […]