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This page contains a single entry from the blog posted on May 20, 2004 10:18 PM. The previous post in this blog was Hopeless. The next post in this blog is The shifting story. Many more can be found on the main index page or by looking through the archives.

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Thursday, May 20, 2004

Flash: Estate planning news

My day job has to do with tax law, particularly as it applies to estate planning for the wealthy. And there is big, big news for the estate planners of America tonight. The U.S. Court of Appeals for the Fifth Circuit has ruled in favor of some taxpayers whose late mother had set up a family limited partnership (an FLP, as it's known in the trade) to avoid federal estate taxes. The court held that section 2036(a) of the Internal Revenue Code did not apply to the arrangement, and so the value that was subject to estate tax was much less than what the government contended.

For those of you interested in such things, the Fifth Circuit's opinion in the case, Kimbell v. United States, can be found here.

Comments (2)

Thanks. Good stuff for some clients. Now all we need is a bunch of really strong decisions blessing really piggish discounts. The only problem is that I really, really hate arguing !@#$%^& valuation issues. Wouldn't it be a lot easier just to enact a Code section providing that the transfer tax value of any property will be reduced by 20x the amount of legal fees paid by the transferor in connection with the transaction?

Gasp! You're teaching people how to avoid paying their fair share of taxes?




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