Estates Ch 6 Estate Tax Flashcards
(40 cards)
A court award for wrongful death paid to the decedent’s family will be included in the decedent’s gross estate.
a. True b. False
b. False
Proceeds of a life insurance policy on the life of the decedent will be included in the decedent’s gross estate if, at the decedent’s death, the decedent possessed any incidents of ownership in the policy.
a. True b. False
True
Assets disposed of between the date of death and the alternate valuation date are valued on the date of disposition if the alternate valuation date is properly elected.
a. True b. False
True
Caleb had been working with an estate planner for several years prior to his death. Accordingly, Caleb made many transfers during his life in an attempt to reduce his potential estate tax burden, and Caleb’s executor, Landry, is thoroughly confused. Landry comes to you for clarification of which assets to include in Caleb’s gross estate. Which of the following transactions will not be included in Caleb’s gross estate?
a. Caleb gave $40,000 to each of his three grandchildren two years ago. No gift tax was due on the gifts.
b. Caleb purchased a life insurance policy on his life with a face value of $300,000. Caleb transferred the policy to his son two years ago.
c. Caleb and his spouse owned their personal residence valued at $250,000 as tenants by the entirety.
d. After inheriting a mountain vacation home from his mother, Caleb gifted the vacation home to his daughter to remove it from his gross estate. Caleb continued to use the property as a weekend getaway and continued all maintenance on the property.
The correct answer is a.
The $40,000 gifts to his grandchildren are excluded from his gross estate because only gifts of life insurance within three years, gift of a previously-retained interest within three years, and any gift tax
paid on a gift within three years are included in a transferor’s gross estate.
The life insurance policy in option b is included in Caleb’ gross estate because transfers of life insurance within three years of death
are included in the decedent’s gross estate. A
ny property owned at the decedent’s date of death, as in option c, is included in the decedent’s gross estate. (Do not confuse gross estate inclusion with probate inclusion.)
Even though Caleb gave the mountain home in option d to his daughter, and the value of the property generally would not be included in Caleb’s gross estate, the fact that Caleb continued to utilize the property each weekend and maintained the property would cause inclusion in his gross estate.
The gross estate of a decedent who died in the current year would not include which of the following items?
a. A luxury sedan, valued at $60,000, driven every day by the decedent.
b. Cash of $1,000,000 given to decedent’s daughter two years ago. No gift tax was paid on the transfer.
c. A bond given to decedent’s cousin last year. Gift tax of $4,000 was paid on the transfer.
d. A home which the decedent owned as tenants by the entirety with his spouse
The correct answer is b.
The $1,000,000 transfer is not included in the decedent’s gross estate because the three-year look back
rule only applies to life insurance, previously-retained interest, and gift taxes paid. Only the gift tax paid
on the transfer in answer c would be included in the decedent’s gross estate. The property listed in answer a and answer d would be included in the decedent’s gross estate.
Mitzi dies owning several shares of an infrequently traded stock.
She dies on Wednesday, November 7th, and the stock has the following trading information: Monday, 11/5 $31 Thursday, 11/8 $36 Monday, 11/12 $28
What is the per share value (rounded to the nearest dollar) of the stock on the federal estate tax return?
a. $31.
b. $33.
c. $34.
d. $36.
The correct answer is c.
To value an infrequently traded stock, or to find the value on a date which falls in between trading dates, we must follow a special formula.
First, multiply the first trading price after the valuation date by the number of days between the valuation date and the last trade before the valuation date.
Add to this product, the product of the last trading price before the valuation date by the number of days between the valuation date and the first trade after the valuation date. Now, divide the total of the two by the total number of days between the trade before the valuation date and the trade after the valuation date
Rowland died eight months ago and the executor is finalizing his estate tax return. The executor has determined that Rowland’s gross estate includes $400,000 of real estate, $750,000 of cash and cash equivalents, and $300,000 of qualified retirement plans. The total gross estate is $1,450,000. As the executor reviews the deductions, which of the following will the executor deduct from the total gross estate to arrive at the adjusted gross estate on Rowland’s Form 706?
a. Income in Respect of Decedent (IRD).
b. Unlimited charitable deduction.
c. Unlimited marital deduction.
d. Executor’s fee.
The correct answer is d.
The executor’s fees listed in answer d are deductions from the gross estate to arrive at the adjusted gross
estate. The marital deduction and charitable deduction, as listed in options b and c, are deductions from
the adjusted gross estate to arrive at the taxable estate. Income in respect of a decedent, option a, is a
deduction on the estate’s Form 1041 or a beneficiary’s Form 1040, and is not a deduction on the
decedent’s Form 706 (the beneficiary’ income tax deduction for estate taxes paid on IRD is covered in
Chapter 12)
Destiny has begun some estate planning. What is the maximum amount of estate tax Destiny can avoid by using the applicable estate tax credit during 2022?
a. $345,800.
b. $1,000,000.
c. $4,769,800.
d. $12,060,000.
The correct answer is c.
Destiny can shelter estate tax of $4,769,800 using the applicable estate tax credit of $4,769,800. The applicable estate tax credit equivalency or exclusion amount is $12,060,000 for 2022
If an estate pays the funeral expenses of the decedent, on which tax return are these expenses deducted?
The decedent’s final income tax return (Form 1040).
The decedent’s estate tax return (Form 706).
The income tax return of the decedent’s estate (Form 1041).
The surviving spouse’s income tax return (Form 1040).
The decedent’s estate tax return (Form 706).
Rationale
If the funeral expenses are paid by the decedent’s estate, the expenses are deducted on the federal estate tax return. If the expenses are paid by anyone else (or any other entity), the expenses are not deductible.
It would be possible for a decedent to avoid having to pay any estate tax by implementing which of the following?
- Leave all property to a qualified charity.
- Leave all property to the decedent’s spouse.
- Make annual gifts during the remainder of their lifetime that are precisely equal to the gift tax annual exclusion and that, in the aggregate, reduced their estate below $13,610,000 (in 2024).
- Transfer their entire estate to a revocable living trust.
1 and 2.
3 and 4.
1, 2, and 3.
1, 2, 3, and 4.
1, 2, and 3.
Rationale
If all of a decedent’s property is bequeathed to a spouse or charity, the marital and charitable deductions reduce the gross estate to zero. In 2024, a decedent can transfer the exemption equivalent of $13,610,000 tax-free. Property transferred to a revocable trust is included in the decedent’s gross estate and does not avoid estate tax.
Destiny has begun some estate planning. What is the maximum amount of estate tax Destiny can avoid by using the applicable estate tax credit during 2024?
$345,800.
$1,000,000.
$5,389,800.
$13,610,000.
$5,389,800.
Rationale
Destiny can shelter estate tax of $5,389,800 using the applicable estate tax credit of $5,389,800. The applicable estate tax credit equivalency or exclusion amount is $13,610,000 for 2024
Rowland died eight months ago and his executor is finalizing his estate tax return. The executor has determined that Rowland’s gross estate includes $400,000 of real estate, $750,000 of cash and cash equivalents, and $300,000 of qualified retirement plans. The total gross estate is $1,450,000. As the executor reviews the deductions, which of the following will the executor deduct from the total gross estate to arrive at the adjusted gross estate on Rowland’s Form 706?
Income in Respect of Decedent (IRD).
Unlimited charitable deduction.
Unlimited marital deduction.
Executor’s fee.
Confidence of yo
Executor’s fee.
Rationale
The executor’s fees listed in option d are deductions from the gross estate to arrive at the adjusted gross estate. The marital deduction and charitable deduction, as listed in options b and c, are deductions from the adjusted gross estate to arrive at the taxable estate. Income in respect of a decedent, option a, is a deduction on the estate’s Form 1041 or a beneficiary’s Form 1040, and is not a deduction on the decedent’s Form 706 (the beneficiary’s income tax deduction for estate taxes paid on IRD is covered in Chapter 12).
Azrael, a widower, made a cash gift to her son of $1,000,000 two years before she died and paid a $400,000 gift tax.
What amount is included in her gross estate?
$0.
$400,000.
$1,000,000.
$1,400,000.
$400,000.
Rationale
Under the gross-up rule, gift taxes paid within three years of death are included in the decedent’s gross estate. The gift itself is not included, but the gift tax is included.
Cary and Grant are married and live in California, a community property state. Their community property consists of real property with an adjusted basis of $300,000 and a fair market value of $750,000 and other property with an adjusted basis of $100,000 and a fair market value of $75,000.
Cary dies and leaves his entire estate to Grant. What is Grant’s adjusted basis in the real property and other property after Cary’s death?
Real Property: $150,000 Other Property: $37,500
Real Property: $300,000 Other Property: $50,000
Real Property: $375,000 Other Property: $100,000
Real Property: $750,000 Other Property: $75,000
Real Property: $750,000 Other Property: $75,000
Rationale
Both the decedent’s and survivor’s interest in the community property receive a basis adjustment to the fair market value on the date of Cary’s death
Which of the following statements is correct about Form 706, Estate Tax Return?
The return is due within six months of the date of death, but can be extended.
The return can be extended for up to seven months.
The surviving spouse can apply the DSUE amount received from the estate of any of his or her deceased spouses against any tax liability arising from subsequent lifetime gifts and transfers at death.
To elect portability of the DSUE amount to a surviving spouse, the executor must file the Form 706 and elect this treatment.
To elect portability of the DSUE amount to a surviving spouse, the executor must file the Form 706 and elect this treatment.
Rationale
Option a is incorrect as the return is due within 9 months. Option b is incorrect as the extension is for 6 months. Option c is incorrect as it is the last spouse, not any spouse, and the DSUE cannot be applied against the GSTT.
The gross estate of a decedent who died in the current year would not include which of the following items?
A luxury sedan, valued at $60,000, driven every day by the decedent.
Cash of $1,000,000 given to decedent’s daughter two years ago. No gift tax was paid on the transfer.
A bond given to decedent’s cousin last year. Gift tax of $4,000 was paid on the transfer.
A home which the decedent owned as tenants by the entirety with his wife.
Cash of $1,000,000 given to decedent’s daughter two years ago. No gift tax was paid on the transfer.
Rationale
The $1,000,000 transfer is not included in the decedent’s gross estate because the three-year look back rule only applies to life insurance, previously-retained interest, and gift taxes paid. Only the gift tax paid on the transfer in answer c would be included in the decedent’s gross estate. The property listed in answer a and answer d would be included in the decedent’s gross estate
Gargamel, age 91, created an irrevocable trust for his daughter and placed income-producing securities in the trust. In which of the following circumstances would the full value of the trust corpus be included in Gargamel’s gross estate at his death?
- Gargamel retained the right to change the trust beneficiary.
- Gargamel retained the right to the trust’s income for his lifetime.
- Gargamel selected his own bank to be trustee, but retained no control over the trustee.
2 only.
1 and 2.
2 and 3.
1, 2, and 3.
1 and 2.
Rationale
In Statements 1 and 2, Gargamel has retained interests that require the full value of the trust corpus to be included in his gross estate. The right to determine who will enjoy the property and the right to receive income are retained interests that require the full value to be included.
The selection of a trustee is not a retained interest.
Which of the following statements concerning revocable transfers is correct?
If the grantor gives up the power to revoke a trust four years before their death, the property will be included in their gross estate.
Powers of revocation must be exercised in order for the property to be included in the decedent’s gross estate.
If a person places all of their assets in a revocable living trust, the trust assets will escape probate and will not be included in the gross estate.
If a trustee who was not the grantor has the power to revoke, the trust property will be excluded from the trustee’s gross estate.
If a trustee who was not the grantor has the power to revoke, the trust property will be excluded from the trustee’s gross estate.
Rationale
A revocable transfer will be included in the transferor’s gross estate, but when a trustee who was not the transferor is given a power to terminate the trust, the trust assets are not included in the trustee’s gross estate. A power of revocation need not be exercised to have the property included in the transferor’s gross estate. A power of revocation released within three years of death will cause the assets to be included in the gross estate, however, if the power is released greater than three years from the date of death, the assets are not included. Assets placed in a revocable living trust will escape probate, but they are included in the grantor’s gross estate.
An estate tax return must be filed for a U.S. resident or a U.S. citizen dying during 2024 if the total value of his gross estate plus post-1976 adjusted taxable gifts on his date of death is greater than:
$1,000,000.
$2,101,720.
$5,389,800.
$13,610,000.
$13,610,000.
Rationale
This question is asking for the applicable estate tax credit equivalency for 2024, or the fair market value of property that can transfer with an estate tax less than or equal to the applicable estate tax credit
For 2024, the applicable estate tax credit equivalency is $13,610,000. (For 2023, the applicable estate tax credit equivalency is $12,920,000.)
To avoid inclusion in a power holder’s gross estate, a power should limit the appointment of property to the power holder for the sole purpose of:
Pleasure.
Support.
Wealth.
Happiness
Support.
Rationale
A power of appointment which limits the holder’s benefit to support is not included in the power holder’s gross estate. As a general rule, a power which limits the power holder’s benefit to health, education, maintenance, or support (or any combination of those listed) is not included in the power holder’s gross estate as an ascertainable standard.
In August of the current year, Jax died of lung cancer. Jax’s son, Otto, has decided to prepare his father’s estate tax return, but has come to you for clarification on whether the following list of items are included in Jax’s gross estate. After reviewing the list, which item(s) will you tell Otto to exclude from Jax’s gross estate?
A life insurance policy on the life of Jax’s wife owned by Jax.
A check from Doctor’s Hospital for the refund of medical expenses that Jax initially paid, but were subsequently paid for by Jax’s health insurance company. The reimbursements were due to Jax before his death.
A check from ABC Corporation for dividends in the amount of $15,000 declared September 23rd (the month after Jax’s death).
A payment of $500,000 from Mutual Life Insurance of America representing the proceeds of a life insurance policy owned by Jax.
A check from ABC Corporation for dividends in the amount of $15,000 declared September 23rd (the month after Jax’s death).
Rationale
Jax died in August. The dividends from ABC Corporation in the amount of $15,000 are not included in Jax’s gross estate because they were not declared until September.
The life insurance policy in answer a is included in Jax’s gross estate (valued based on the interpolated terminal reserve plus unearned premiums, not the death benefit) as all property owned by the decedent at his date of death is included in the decedent’s gross estate.
The check from the hospital detailed in answer b is included in Jax’s gross estate because the payments were due to him before his death.
The life insurance policy death benefit in answer d is included in Jax’s gross estate because life insurance on the decedent’s life owned or transferred within three years of a decedent’s date of death is included in the decedent’s gross estate.
Caleb had been working with an estate planner for several years prior to his death. Accordingly, Caleb made many transfers during his life in an attempt to reduce his potential estate tax burden, and Caleb’s executor, Landry, is thoroughly confused. Landry comes to you for clarification of which assets to include in Caleb’s gross estate. Which of the following transactions will not be included in Caleb’s gross estate?
Caleb gave $40,000 to each of his three grandchildren two years ago. No gift tax was due on the gifts.
Caleb purchased a life insurance policy on his life with a face value of $300,000. Caleb transferred the policy to his son two years ago.
Caleb and his wife owned their personal residence valued at $250,000 as tenants by the entirety.
After inheriting a mountain vacation home from his mother, Caleb gifted the vacation home to his daughter to remove it from his gross estate. Caleb continued to use the property as a weekend getaway and continued all maintenance on the property.
Caleb gave $40,000 to each of his three grandchildren two years ago. No gift tax was due on the gifts.
Rationale
The $40,000 gifts to his grandchildren are excluded from his gross estate because only gifts of life insurance within three years, gift of a previously-retained interest within three years, and any gift tax paid on a gift within three years are included in a transferor’s gross estate. The life insurance policy in option b is included in Caleb’ gross estate because transfers of life insurance within three years of death are included in the decedent’s gross estate. Any property owned at the decedent’s date of death, as in option c, is included in the decedent’s gross estate. (Do not confuse gross estate inclusion with probate inclusion.) Even though Caleb gave the mountain home in option d to his daughter, and the value of the property generally would not be included in Caleb’s gross estate, the fact that Caleb continued to utilize the property each weekend and maintained the property would cause inclusion in his gross estate.
f the following expenditures from an estate, which is not a deduction from the gross estate or adjusted gross estate to arrive at the taxable estate?
Payment to United Charitable Organization (a charity qualifying under IRC Section 501(c)(3)) to satisfy a specific bequest.
Distribution of assets to spouse to satisfy specific bequests listed in will.
Payment to Second USA Bank for a credit card balance.
A payment to decedent’s friend for $10,000 to satisfy a specific bequest.
A payment to decedent’s friend for $10,000 to satisfy a specific bequest.
Rationale
Payments made to satisfy specific bequests to individuals other than a surviving spouse or a charity are not deductions from the gross estate to arrive at the taxable estate. All of the others are deductible expenses or transfers.
Nine months ago, Bonnie gave land to Clyde. At the date of gift, the land had a fair market value of $400,000 and an adjusted taxable basis to Bonnie of $250,000. Clyde died bequeathing all of his property to Bonnie.
If the land had a fair market value of $450,000 on the date of Clyde’s death, what is Bonnie’s adjusted taxable basis in the land?
$0.
$250,000.
$400,000.
$450,000.
$250,000.
Rationale
If a heir or legatee receives property from a decedent that the decedent acquired by gift from the heir/legatee within one year of the decedent’s death, the heir/legatee takes the decedent’s basis (which will be the donor’s basis). There is no stepped-up basis. Since Clyde died within one year of the gift, and bequeathed the property to the original donor (Bonnie), Bonnie’s basis in the property will not be stepped up. Bonnie’s basis will be $250,000