Open Access. Powered by Scholars. Published by Universities.®

Taxation-Federal Estate and Gift Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1051 - 1080 of 1409

Full-Text Articles in Taxation-Federal Estate and Gift

The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.

Go to article

Post-Mortem Estate Planning, Malcolm A. Moore Dec 1984

Post-Mortem Estate Planning, Malcolm A. Moore

William & Mary Annual Tax Conference

No abstract provided.

Go to article

Taxation - Rental Deduction Standard Eased For Gift-Leaseback Transaction, Sherry R. Olin Jan 1984

Taxation - Rental Deduction Standard Eased For Gift-Leaseback Transaction, Sherry R. Olin

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Income Realization Rules For Simple Trust Beneficiaries Who Change Residence Or Citizenship, Joel L. Tabas Jan 1984

Income Realization Rules For Simple Trust Beneficiaries Who Change Residence Or Citizenship, Joel L. Tabas

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Drafting Considerations In Appointing The Surviving Spouse As Trustee Of The Nonmarital Trust, E. Edwin Eck Jan 1984

Drafting Considerations In Appointing The Surviving Spouse As Trustee Of The Nonmarital Trust, E. Edwin Eck

Faculty Law Review Articles

This article examines additional dispositive powers which might be given the surviving spouse as trustee of a more flexible nonmarital trust. Part II reviews the estate, gift, and income tax consequences of each of these powers. Part III briefly addresses special considerations relative to a nonmarital trust, which is to be funded by way of disclaimer by the surviving spouse. Part IV summarizes the administrative powers typically included in trust instruments insofar as these powers might compromise the testator’s objectives. Part V briefly discusses life insurance on the life of the spouse-trustee. Part VI addresses savings clauses and other defense …

Go to article

Federal Recent Developments Jan 1984

Federal Recent Developments

American Indian Law Review

No abstract provided.

Go to article

Recent Developments Affecting The Income And Gift Tax Consequences Of Interest-Free Loans Sep 1983

Recent Developments Affecting The Income And Gift Tax Consequences Of Interest-Free Loans

Washington and Lee Law Review

No abstract provided.

Go to article

Estate Planning For The Married Couple, Don W. Llewellyn Jan 1983

Estate Planning For The Married Couple, Don W. Llewellyn

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Equitable Adjustments: A Survey And Analysis Of Precedents And Practice, Michael D. Carrico, John T. Bondurant Jan 1983

Equitable Adjustments: A Survey And Analysis Of Precedents And Practice, Michael D. Carrico, John T. Bondurant

Articles by Maurer Faculty

No abstract provided.

Go to article

To Praise The Estate Tax, Not To Bury It, Michael J. Graetz Jan 1983

To Praise The Estate Tax, Not To Bury It, Michael J. Graetz

Faculty Scholarship

For several decades, total revenues raised by estate and gift taxes have roughly equaled those raised by excise taxes on alcohol and tobacco. Yet no law journal has ever asked me to write on alcohol or tobacco excise taxes. The law firms of America do not routinely have divisions devoted to excise tax planning. We do not hear of the suffering of widows and orphans (or even of farmers and small businesses) because of alcohol and tobacco taxes. Philosophers and economists do not routinely debate the merits of such taxes. Perhaps most significantly, increases in such excise taxes do not …

Go to article

Estate Planning For Spouses, W. Birch Douglass Iii Dec 1982

Estate Planning For Spouses, W. Birch Douglass Iii

William & Mary Annual Tax Conference

No abstract provided.

Go to article

The New Estate And Gift Tax Regime, John Y. Taggart Oct 1982

The New Estate And Gift Tax Regime, John Y. Taggart

Buffalo Law Review

No abstract provided.

Go to article

Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review Apr 1982

Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review

Michigan Law Review

The net gift theory achieves results that comport with congressional policy, but its focus on donative intent finds little support in the Code. The part-sale, part-gift theory undermines Congress' policy toward gifts, but follows logically from the Supreme Court's decision in Old Colony Trust. The Note concludes, therefore, that Congress should amend the Code to make clear that liability for gift taxes is shared by donors and donees. By ensuring that donee payments of gift taxes would riot constitute taxable gain to donors, this amendment would eliminate the inconsistency between Congress' goals and its operative language.

Go to article

In Re Estate Of Gowling And In Re Estate Of Grant: The Limits Of Equitable Apportionment, Patricia Brosterhous Jan 1982

In Re Estate Of Gowling And In Re Estate Of Grant: The Limits Of Equitable Apportionment, Patricia Brosterhous

Loyola University Chicago Law Journal

No abstract provided.

Go to article

With Strings Attached: Federal Income Tax Consequences To Donors Of Conditional Gifts, Andrew C. Siminerio Jan 1982

With Strings Attached: Federal Income Tax Consequences To Donors Of Conditional Gifts, Andrew C. Siminerio

Duquesne Law Review

Because giving a gift involves tax consequences to the donors, they have made various successful attempts to shift the tax burden to the recipients. The author examines the question whether the amount of gift tax paid by a recipient in this case nonetheless should be considered part of the donor's taxible [sic] income to the extent the tax exceeds the donor's basis in the gift property. After reviewing the basic approaches in the federal courts for answering the question, he suggests an approach he believes best reflects the policies underlying the Internal Revenue Code and existing case law.

Go to article

Jewett V. Commissioner: Unforeseen Crisis Of Disclaimers, Frances S. Glushakow-Smith Jan 1982

Jewett V. Commissioner: Unforeseen Crisis Of Disclaimers, Frances S. Glushakow-Smith

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn Jan 1982

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 These …

Go to article

Introduction, Douglas A. Kahn Jan 1982

Introduction, Douglas A. Kahn

Articles

While the estate and gift tax area has by no means been ignored in the legal literature, it has not been one of the more popular subjects. For that reason, a symposium on transfer taxation would be welcome at any time, but this is an especially propitious moment for one to appear.

Go to article

The Impact Of Section 414(M) On Retirement Plans, Harry V. Lamon Dec 1981

The Impact Of Section 414(M) On Retirement Plans, Harry V. Lamon

William & Mary Annual Tax Conference

No abstract provided.

Go to article

Federal Estate Tax Planning And The Nonresident Alien: The Costly Privilege Of Dying An American, Gladys R. Navarro Oct 1980

Federal Estate Tax Planning And The Nonresident Alien: The Costly Privilege Of Dying An American, Gladys R. Navarro

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Estate, Gift And Income Tax Aspects Of Virginia's Transplanted Community Property - A Primer, J. Rodney Johnson Oct 1980

Estate, Gift And Income Tax Aspects Of Virginia's Transplanted Community Property - A Primer, J. Rodney Johnson

Law Faculty Publications

Almost a quarter of a century has now passed since the Virginia Supreme Court officially recognized the existence of transplanted community property in this state in the landmark case of Commonwealth v. Terjen, 197 Va. 596, 90 S.E. 2d 801 (1956). In this case, involving a California couple who sold their community-property owned residence in California and brought the proceeds along with them when moved to Virginia, the court held: "A change of domicile from a state where the community property law prevails to a common-law state does not affect the community property character of property previously acquired." Thus community …

Go to article

Lifetime Gifts - A Quantitative Approach, Roger A. Pies, Daniel S. Goldberg Feb 1980

Lifetime Gifts - A Quantitative Approach, Roger A. Pies, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Go to article

The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn Jan 1980

The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn

Articles

The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …

Go to article

Federal Estate Tax—Valuation Of A Deceased Spouse's Interest In Community Owned Stock—Estate Of Lee V. Commissioner, 69 T.C. 860 (1978), Lisa S. Frye Dec 1979

Federal Estate Tax—Valuation Of A Deceased Spouse's Interest In Community Owned Stock—Estate Of Lee V. Commissioner, 69 T.C. 860 (1978), Lisa S. Frye

Washington Law Review

This note questions the propriety of allowing discounts to reflect lack of control where spouses enjoyed joint control over undivided interests in a majority block of shares. The issue is examined in light of existing case law and by reference to Washington community property law and federal estate taxation policies. The note concludes that, although Lee is not contrary to any explicit provision in the Internal Revenue Code, discounting a deceased spouse's share of a community owned majority block neither accurately reflects the degree of control its owners enjoyed nor effectively taxes wealth transfers at death.

Go to article

Federal Estate And Gift Taxation Of Joint Interests: Planning And Policy Perspectives, Hugh D. Brown Nov 1979

Federal Estate And Gift Taxation Of Joint Interests: Planning And Policy Perspectives, Hugh D. Brown

Vanderbilt Law Review

This Note will first provide a brief background outlining the incidents of joint tenancy which make it an attractive form of co-ownership under state law. This background section also will place joint ownership in the overall perspective of federal estate and gift taxation by pointing out the impossibility of achieving certain basic federal estate planning objectives in an estate composed primarily of jointly held assets. The Note will then analyze the specific provisions of the Internal Revenue Code governing federal estate and gift taxation of joint interests. This analysis will: first, focus on some of the legal problems generated by …

Go to article

Estate Taxation Of Joint Tenancy Property Acquired By Spouses With Funds Generated From The Family Business - The "Family Partnership" Exception To Section 2040, Eric D. Whitesell Oct 1979

Estate Taxation Of Joint Tenancy Property Acquired By Spouses With Funds Generated From The Family Business - The "Family Partnership" Exception To Section 2040, Eric D. Whitesell

William & Mary Law Review

No abstract provided.

Go to article

Estate Tax Deductibility Of Underwriters' Expenses After An Executor's Sale Of Stock: A Loophole In Section 2053, Mark D. Maloney May 1979

Estate Tax Deductibility Of Underwriters' Expenses After An Executor's Sale Of Stock: A Loophole In Section 2053, Mark D. Maloney

Vanderbilt Law Review

This Recent Development will examine the relationship between two Code provisions that are essential to the calculation of the taxable estate. Section 2031 establishes the value of the "gross estate," and section 2053 provides that certain administrative expenses are deductible from the gross estate. Recently, in Estate of Joslyn v. Commissioner and Estate of Jenner v. Commissioner,' two United States Courts of Appeals applied sections 2031 and 2053 in a manner that substantially benefits estates that possess large holdings of a particular stock. Because large blocks of stock are difficult to liquidate, the per-share price of the stock will actually …

Go to article

The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In Carson V. Commissioner, Jeffrey Schoenblum Apr 1979

The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In Carson V. Commissioner, Jeffrey Schoenblum

Vanderbilt Law Review

This Article will focus on the Carson case in an effort to identify the emerging meaning, if any, of gift. Following a consideration of the factual background of the case in Part II, Part HI will analyze critically and in-depth each of the five Carson opinions in an effort to decipher the various currents at play and any common ground that may still be shared by a majority of the court. Finally, Part IV will consider the decision's likely consequences and the long-term prospects for a settled meaning for gift, one that is not only workable, as is the case …

Go to article

The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In "Carson V. Commissioner", Jeffrey Schoenblum Apr 1979

The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In "Carson V. Commissioner", Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The complexity of detail that characterizes the Internal Revenue Code (Code) has been the subject of intense criticism and only faint praise. Yet, one of the more striking anomalies of the Code is that its often suffocating detail coexists with the sparest definitions of many key terms. The term "gift" is a prime example. Although its meaning plays an instrumental role in income and gift taxation, the Code nowhere defines the term. As a result, the task of fleshing out its meaning has largely fallen on the Treasury, through the issuance of regulations and rulings, and on the courts, which …

Go to article

A Source Of Revenue For The Improvement Of Legal Services, Part Ii: A Recommendation For The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Texas Bar Association And An Analysis Of The Federal Income Tax., Taylor S. Boone Mar 1979

A Source Of Revenue For The Improvement Of Legal Services, Part Ii: A Recommendation For The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Texas Bar Association And An Analysis Of The Federal Income Tax., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

First Prev Next Last