Grantor Trusts and Gift Tax Implications

The IRS recently concluded that modifying a grantor Trust to add an income tax reimbursement provision that benefits the trust settlor results in a taxable gift by the trust beneficiaries.

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Powers of Appointments Held by Beneficiaries

The individual who holds a power of appointment over trust assets is generally not considered to be bound by any fiduciary duty. However, that principle may be changing.

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A New ‘Take’ on Donor Advised Funds

Donor advised funds have gained the attention not only of Congress but also from the for-profit sector, which means they are being used in many new, creative, ways, e.g., as an employee benefit.

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Uncashed IRA Distribution Checks

Uncashed IRA distribution checks can present problems, especially when the IRA owner also has required minimum distribution obligations at the time the check is issued.

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The ‘Dead Hand’ and Spendthrift Clauses

The presence of a spendthrift clause in a Trust instrument may prevent the future modification or termination of that Trust.

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Prohibited Investments – Collectibles Held in IRAs

An IRA cannot invest in collectibles. The IRS has recently expanded the concept of what constitutes a collectible as a prohibited IRA investment.

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Athletes and Taxes

Let’s be honest. There is no way to separate sports from money… or taxes.

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IRS Warns of Tax Traps

High net worth individuals with whom we work are often the targets of tax scams.

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RMD Penalty Waived – Again

In IRS Notice 2024-19 the Service once again has waived the penalty for the failure to take a required minimum distribution (RMD) from an inherited IRA when the IRA owner was over his/her required beginning date (RBD) at the time of death.

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ILIT Reviews

Reviewing a life insurance policy held in an irrevocable life insurance trust (ILIT) is a complex, and often thankless, task for the trustee of that Trust.

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