Income Tax Issue Spotting for Estate Planners Seminar Materials
TABLE OF CONTENTS
I. LIFE INSURANCE
A. Life Insurance Proceeds – Transfer for Value Rule
B. Income Tax Issues with Surrender and Exchanges of Life Insurance Policies
II. GIFTS - INCOME TAX ISSUES
A. Gift – Income to Beneficiary
B. Gift – Basis Issues
III. INCOME TAX ISSUES WITH INTRA-FAMILY LOANS
A. Loan vs. Gift
B. Loan
C. Benefits of Collateral/Interest Deduction
D. Refinancing Loans
E. Forgiving Interest Payments
F. Forgiving Principal
IV. RETIREMENT PLAN BENEFICIARY DESIGNATIONS - INCOME TAX
ISSUES
A. General Rule
B. Designated Beneficiary
C. Other Issues
V. CHARITABLE CONTRIBUTIONS
A. Generally
B. Limitations
C. Tangible personal property
D. Carry Over
E. Charitable contributions from complex trusts
F. Qualified Charitable Distributions
VI. INCOME TAX REPORTING FOR GRANTOR TRUSTS
(REGULATION §1.671-4)
VII. SALE OR EXCHANGE OF PERSONAL RESIDENCE - INCOME TAX
ISSUES
A. General Rule
B. Specific Issues
VIII. MISCELLANEOUS FIDUCIARY INCOME TAX ISSUES
A. General Types of Trusts for Federal Income Tax Purposes
B. The Unintended Foreign Trust
C. Summary of Tax Implications of Distributions
D. IRC § 663(b) (“65 Day Rule”)
E. Section 643(g)(1)(A)
F. State Income Tax
G. Selection of Tax Year
H. Section 645 Election
I. Trusts as Shareholders of Subchapter S Stock
J. Miscellaneous Itemized Deductions
K. Passive Activity Losses
L. Separate Share Rules
M. Estimated Income Tax Issues
N. Excess Deductions – The Final Year
John D. Bristow
Robert F. Peel
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