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In 2021, we blogged about a valuation case, Connelly v. U.S., 20 F. 4th 412 (8th Cir. 2023). We noted at the time that a Petition for a writ of certiorari was filed. On June 6, 2024, the U.S. Supreme Court decided the case, ruling for the United States. Justice Thomas, writing for a unanimous […]

On November 28, 2023, the IRS Office of Chief Counsel published a memorandum addressing whether modification of a grantor trust to add a tax reimbursement clause constituted a taxable gift. It concluded that it does constitute a taxable gift by the trust beneficiaries because the addition of a discretionary power to distribute income and principal […]

Each year statutory provisions require the IRS to adjust tax rates based on inflation. Although we’re a bit tardy posting the numbers, here are the ones that matter most for our purposes. Gift Tax Annual Exclusion: $18,000 per recipient or $36,000 per recipient for a married couple. This is not a limit on gifting, but […]

In a case to be argued on December 5, 2023, Moore v. United States, the question presented is whether the Sixteenth amendment authorizes Congress to tax unrealized sums without apportionment among the states. The case concerns Congressional taxation under the 2017 Tax and Jobs Act (TCJA) which imposed a mandatory repatriation tax on pre-2018 profits […]

In Notice 2023-54, the IRS granted relief to individuals and retirement plans from taking required minimum distributions in 2023. This applies to both individual accounts and inherited IRAs where distributions were mistakenly taken although no distribution was required. This relief appears to be the result of the IRS’s delay in issuing final regulations under the […]

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get a step up in basis following the Grantor’s death. With issuance of Revenue Ruling 2023-2, that has changed. The IRS has spoken. In RR 2023-2, the IRS posed the following hypothetical which I’ve edited slightly: […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

There are several steps in setting up a tax exempt organization. We’re reviewing them here. However, this post is not designed to tell you anything other than the set-up process and it is not intended to be tax advice. CIRCULAR 230 NOTICE: To comply with the requirements imposed by the United States Treasury Department, any […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in an investment account to pay his share of capital gains taxes. The case, In re Hunt, E2022-00649-COA-R3-CV, arose during the probate of Dr. Robert McPhail Hunt, Jr.’s estate. Hunt purportedly married Zulkifli Atim in Canada […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

On June 1, 2023, the IRS issued Tax Tip 2023-75. There, the IRS explained: When banks, credit unions, businesses and other payers file information returns with data that doesn’t match IRS records, the IRS sends them a CP2100 or CP2100A notice. The notices tell payers that the information returns they submitted have a missing or […]

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