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Full-Text Articles in Law
Flp Loss, But Crummey Win, Wendy G. Gerzog
Flp Loss, But Crummey Win, Wendy G. Gerzog
All Faculty Scholarship
In Turner the Tax Court determined that section 2036 applied to the decedent’s transfers of assets to his family limited partnership but that the insurance premiums he paid indirectly to his insurance trust qualified for the annual exclusion.
The New Super-Charged Pat (Power Of Appointment Trust), Wendy G. Gerzog
The New Super-Charged Pat (Power Of Appointment Trust), Wendy G. Gerzog
All Faculty Scholarship
This article proposes to repeal the QTIP provisions in order to collect revenue now for transfers that are essentially transfers to third parties and not to the decedent's spouse. Because there are advantages of increased flexibility attendant to a QTIP as opposed to a PAT, this article proposes to take those repealed QTIP benefits and attach them to the PAT, which would greatly enhance that marital deduction trust form. A super-charged PAT would thereby be able to preserve the decedent's GST tax exemption (like a reverse QTIP), create a decedent's by-pass trust by allowing a PAT (or a partial PAT) …
Shapiro: Palimony And The Estate Tax, Wendy G. Gerzog
Shapiro: Palimony And The Estate Tax, Wendy G. Gerzog
All Faculty Scholarship
In Estate of Shapiro, the Ninth Circuit held that an individual had a valid palimony claim under Nevada state law. However, the issue was whether the decedent’s estate qualified for a deduction for that claim under federal estate tax law.
Linton Reversed: Indirect Gifts And The Step Transaction Doctrine, Wendy G. Gerzog
Linton Reversed: Indirect Gifts And The Step Transaction Doctrine, Wendy G. Gerzog
All Faculty Scholarship
The Ninth Circuit recently reversed the district court’s summary judgment in favor of the government in Linton on the issues of indirect gift and the applicability of the step transaction doctrine. The circuit court’s analysis focused on the taxpayers’ donative intent. With that emphasis, the Ninth Circuit remanded the case to the district court to determine the sequence of the relevant transactions.
Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz
University of Baltimore Law Review
No abstract provided.