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CHAPTER 20
1. Several of the important goals of estate plan- even larger and possibly place those assets in-
ning are to identify and clearly communicate to a higher estate tax bracket.
the desires and wishes of the decedent, max-
3. It is important to separately account for the in-
imize the value of the estates net assets, mi-
come and principal of an estate for several rea-
nimize the taxes that may be assessed against
sons. First, the decedent may have created a
the assets and income of the estate, achieve
will that has special provisions relating to both
the necessary liquidity of the estates assets so
principal and income. Second, the income of an
that desired conveyances and distributions may
estate is subject to tax. These taxes are either
be received, and provide a proper and timely
imposed on the estate or the recipient of the in-
accounting of the activities of the estate and its
come.
fiduciary.
The sum of intended legacies may be larger
2. The marital exclusion is an effective strategy if
than the available assets of an estate. In those
one assumes that the surviving spouse will use
instances, a procedure referred to as abate-
up estate assets during their remaining life ex-
ment is applied. This procedure requires that
pectancy. However, a wealthy couple may have
legacies be satisfied to whatever extent possi-
plenty of assets and should take advantage of
ble, beginning with the highest priority level of
the unified credit. The credit will allow the first
legacies. If demonstrative legacy cannot be sa-
to die to transfer assets out of the estate with
tisfied, the unsatisfied amount is considered a
no resulting estate tax. Furthermore, the surviv-
general legacy. If there are inadequate re-
ing spouse will also be able to claim a unified
sources to satisfy general legacies, available
credit. If all of the deceaseds assets were
resources are allocated proportionately among
transferred to the surviving spouse, the estate
the identified parties.
of the surviving spouse would likely become
799
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Ch. 20Exercises
EXERCISES
EXERCISE 20-1
Scenario A Scenario B
General legacies as set forth in will:
Amount due The Nature Conservancy ..................... $ 50,000 $ 50,000
Equal amounts due three grandchildren .................. 150,000 150,000
Note A: Under scenario A, there is enough cash available to satisfy all general legacies. Therefore,
Riley will receive the stated amount of $50,000.
Under scenario B, there is only $55,000 available to satisfy all general legacies, which total
$220,000. Therefore, only 25% ($55,000/$220,000) of each stated legacy will be satisfied.
Accordingly, Riley will receive $12,500 (25% $50,000).
800
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Ch. 20Exercises
EXERCISE 20-2
(1) Securities that could be disposed of at a loss should, if possible, be sold prior to date of death. The
realized loss would be recognized for income tax purposes and result in a tax savings. If the secu-
rity was not sold, the reduced basis would be included in the determination of taxable estate, but
the loss in value would not receive any recognition for income tax purposes.
(2) The insurance policies could name someone other than the estate, such as a charitable organiza-
tion, as beneficiary. The insurance policies could also be placed in a trust whereby the insured par-
ty gives up its ownership interests in the policies.
(3) The maximum annual gift would be $586,000, consisting of the following: annual gift exclusion of
$12,000 per donee for a total of $36,000 and the balance of the applicable exclusion amount of
$550,000 ($1,000,000 $450,000).
(4) If the premium on the bonds were amortized, then the measure of interest income would be lo-
wered. This would suggest that a portion of the cash interest received represents a recovery of the
original premium paid on the bond and, therefore, should accrue to the benefit of those entitled to
corpus of the trust, not those entitled to trust income. For example, assume a bond with a maturity
value of $10,000 has an unamortized premium of $500, indicating that the initial corpus amount is
$10,500. Assume that the bond has a stated interest rate of 8% and is held five years to maturity.
Therefore, over the 5-year period, total cash interest of $4,000 (8% $10,000 5 years) has been
received, and the bond would have a value of $10,000 at maturity. If the income beneficiary rece-
ives all the cash interest, then the principal beneficiary would receive only $10,000 rather than the
$10,500 represented by the original corpus amount. By amortizing the premium, the interest in-
come is reduced to $3,500, and the $500 balance of the cash interest received would be conveyed
to the principal beneficiary (in the exercise, that would be the Sierra Club).
(5) Yes, it is more beneficial to the husband for the effect of depletion to be included in the income de-
termination. The value of timberland is most often correlated to the timber on the land. Therefore, if
income is not reduced by a charge for depletion, the asset will be wasted/depleted to the detriment
of the principal beneficiary (in this case, the husband).
801
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Ch. 20Exercises
EXERCISE 20-3
Schedule A
Proportionate Allocation of General Legacies
802
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Ch. 20Exercises
EXERCISE 20-4
Principal Income
Assets received:
Personal residence .................................................. $ 350,000
Cash ......................................................................... 230,000
Securities ................................................................. 210,000
Personal effects ....................................................... 12,000
Sailboat .................................................................... 8,000
Loss on realization of securities ............................... (14,000)
Bond interest ............................................................ $ 4,000
Dividends ................................................................. 7,000 20,000
Total ................................................................... $ 803,000 $24,000
Assets disbursed:
Amount conveyed to Sierra Club ............................. $(200,000)
Mortgage principal.................................................... (16,000)
Mortgage interest ..................................................... (2,000) $ 6,000
Funeral and administrative fees ............................... (27,000)
Medical expenses .................................................... (21,000)
Income taxes ............................................................ (13,000)
Real estate taxes, interest, and penalties ................ (14,000)
Residence utilities and repairs ................................. (1,200) (6,000)
Repair of roof and lawn care .................................... (15,000) (3,000)
Yacht club dues and charges ................................... (1,400) (2,800)
Total ................................................................... $(310,600) $
(17,800)
803
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Ch. 20Exercises
EXERCISE 20-5
804
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Ch. 20Exercises
EXERCISE 20-6
805
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Ch. 20Exercises
Comparison of alternatives:
Estate tax without the trust .......... $1,745,326
Estate tax with the trust ............... 0
Savings in estate taxes ............... $1,745,326
Note A: This is the amount of the marital deduction.
Note B: Subsequent appreciation is based on $2,400,000 traceable to husband plus $4,125,000 tra-
ceable to wife, or $6,525,000. Compounded at 5% for three years, this amount grows to
$7,553,503 ($6,525,000 1.053), or appreciation of $1,028,503.
Note C: Gross estate less expenses and charitable contributions is $4,125,000 ($4,300,000
$25,000 $150,000). Of this amount, $3,500,000 is contributed to a credit shelter trust leav-
ing a balance of $625,000 subject to the marital deduction.
Note D: Subsequent appreciation is based on $2,400,000 traceable to husband plus $625,000 tra-
ceable to wife, or $3,025,000. Compounded at 5% for three years, this amount grows to
$3,501,816 ($3,025,000 1.053), or appreciation of $476,816.
EXERCISE 20-7
806
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Ch. 20Exercises
807
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Ch. 20Exercises
EXERCISE 20-8
808
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Ch. 20Exercises
EXERCISE 20-9
As to Principal
I charge myself with:
Assets per original inventory ...................................................... $272,000
Assets subsequently discovered ................................................ 37,000
Gain on sale of principal assets ................................................. 10,000
Total charges ....................................................................... $319,000
I credit myself with:
Funeral and administrative expenses ........................................ $ 25,100
Debts of decedent paid .............................................................. 28,000
Legacies distributed ................................................................... 15,000
Total credits .......................................................................... 68,100
Balances as to estate principal, consisting of:
Cashprincipal .......................................................................... $106,900
Investment in Merkt stock .......................................................... 54,000
Investment in GTE stock ............................................................ 13,000
Investment in Trident bond fund................................................. 40,000
Investment in IRA account ......................................................... 37,000 $250,900
As to Income
I charge myself with:
Estate income ............................................................................ $3,100
I credit myself with:
Expenses chargeable against income ....................................... 100
Balance as to estate income, consisting of:
Cashincome............................................................................ $3,000
809
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Ch. 20Problems
PROBLEMS
PROBLEM 20-1
1. Maximizing the use of the annual gift tax exclusion amount of $12,000 per donor per donee.
Both James and Susan could gift to their children and grandchildren.
2. James should implement a credit shelter trust in order to take advantage of the unified credit that is
available to him.
3. Recognizing that tuition payments to an educational organization made on anothers behalf are not
considered taxable gifts if paid directly to the organization.
Consideration of the above strategies and factors set forth in the problem could result in a significant
reduction in estate taxes determined as follows:
810
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Ch. 20Problems
Note C: Gifts to each of the two children and the three grandchildren could be made by both spous-
es as follows:
By James By Susan
Gifts during 20X5 ............................................... $60,000 $ 60,000
Gifts during 20X6 ............................................... 0 60,000
Gifts during 20X7 ............................................... 0 60,000
Gifts during 20X8 ............................................... 0 60,000
Total ................................................................... $60,000 $240,000
Note D: The marital deduction amount reflects the creation of a credit shelter trust in the amount of
$3,500,000. The tax on this amount will be offset by the unified credit.
Note E: At the time of Jamess death, Susan desired a survivors estate of $3,000,000. Her estate
alone was valued at $1,800,000. Therefore, all but $1,200,000 of the amount received from
her husbands estate could be contributed to a charitable organization.
PROBLEM 20-2
811
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Ch. 20Problems
812
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Ch. 20Problems
813
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Ch. 20Problems
PROBLEM 20-3
Decedent Decedent
Spencer Cook Sara Cook
Gross estate ................................................. $4,600,000 $ 7,300,000
Less allowable deductions:
Funeral, administrative, etc., expenses .. $ 180,000 $420,000
Other debts ............................................. 210,000
Charitable contributions .......................... 500,000 500,000
Marital exclusion ..................................... 3,710,000 4,600,000 920,000
Taxable estate .............................................. $ $ 6,380,000
Note A: The estate tax before credits is $780,800 plus 45% on the balance of the taxable estate over
$2,000,000. Therefore, the tax is $2,751,800 [$780,800 + (45% $4,380,000)].
Decedent Decedent
Spencer Cook Sara Cook
Gross estate ................................................. $ 4,600,000 $ 5,400,000
Less allowable deductions:
Funeral, administrative, etc., expenses .. $ 180,000 $420,000
Other debts ............................................. 210,000
Charitable contributions .......................... 500,000 500,000
Marital exclusion ..................................... 210,000 1,100,000 920,000
Taxable estate .............................................. $ 3,500,000 $ 4,480,000
Note B: The estate tax before credits is $780,800 plus 45% on the balance of the taxable estate over
$2,000,000. Therefore, the tax is $1,896,800 [$780,800 + (45% $2,480,000)].
814
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Ch. 20Problems
PROBLEM 20-4
815
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Ch. 20Problems
PROBLEM 20-5
As to Principal
I charge myself with:
Assets per original inventory ............................................................ $122,750
Assets subsequently discovered (see Note A) ................................ 2,500
Total charges ............................................................................. $125,250
I credit myself with:
Funeral and administrative expenses .............................................. $ 750
Decedents debts ($8,000 + $1,000) ................................................ 9,000
Legacies distributed ......................................................................... 10,000
Losses on realization of principal assets (see Schedule A) ............. 6,250
Total credits................................................................................ 26,000
Balances as to estate principal, consisting of:
Cashprincipal................................................................................ $ 61,000
Stocks (see Note B) ......................................................................... 27,500
Household effects ............................................................................ 8,250
Dividends declared on Dunn, Inc., stock .......................................... 2,500
$ 99,250
As to Income
I charge myself with:
Estate income (see Note C) ............................................................. $940
I credit myself with:
Distribution to income beneficiaries ................................................. 500
Balance as to estate income, consisting of:
Cashincome ................................................................................. $440
Note A: Although the stocks subsequently discovered would not be part of the estate, the dividends
declared on the stocks would be:
$1.25/share 2,000 shares = $2,500
Note B: The stocks remaining would be the original stocks inventoried at $50,000 less the stocks
sold, inventoried at $22,500.
Note C: Estate income = $8 additional interest on the note + $32 additional interest accrued on the
mortgage + $900 dividends not previously declared = $940.
816
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Ch. 20Problems
Schedule A
Gain and Losses on Realization of Principal Assets
Inventory Proceeds on
Asset Value Realization Loss Gain
Stocks ............................................... $22,500 $20,900 $(1,600)
Mortgage receivable ......................... 20,000 20,100 $100
Real estate ........................................ 35,000 30,250 (4,750)
Total .................................................. $77,500 $71,250 $(6,350) $100
PROBLEM 20-6
(1) The estate was not subject to estate tax because the value of the gross estate less the allowable
deductions, including the transfer to a charitable organization (Ducks Unlimited), was less than the
exclusion amount associated with the unified credit.
As to Principal
I charge myself with:
Assets per original inventory (see Note A) ............................... $836,250
Assets subsequently discovered .............................................. 300,000
Total charges ...................................................................... $ 1,136,250
I credit myself with:
Net loss on realization of principal assets (see Note B) ........... $ 27,600
Debts of decedent paid (see Note C) ....................................... 101,830
Funeral and administrative expenses ....................................... 11,200
Income tax expense ................................................................. 3,200
Miscellaneous expenses .......................................................... 1,300
Legacies distributed .................................................................. 991,120
Total credits ........................................................................ (1,136,250)
Balance as to estate principal......................................................... $ 0
As to Income
I charge myself with:
Estate income (see Note D) ..................................................... $ 11,300
I credit myself with:
Expenses chargeable against income (see Note E) ................. $4,270
Distribution to income beneficiary ............................................. 7,030
Total credits .............................................................................. (11,300)
Balance as to estate income .......................................................... $ 0
817
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Ch. 20Problems
818
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Ch. 20Problems
PROBLEM 20-7
819