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43 Cards in this Set
- Front
- Back
What is the justification of the alternate valuation date election (2032)?
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provides estate tax relief in chases where a decline in value of estate assets has occurred in a 6 month period after the decedent's death
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What form must be filed to clain the alternate valuation date election?
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Form 706
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Who decides the 2032 alternate valuation date?
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the executor. They may consider the heirs requests, but aren't controlled by them
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alternate valuation date chosen must the the closer of
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the asset sale date or 6 months after death
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alternate valuation election applies to
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ALL assets in a gross estate
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alternate valuation election must decrease ___ and ___
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gross estate and estate tax
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alternate valuation election decides the basis of assets for ___ and ___ tax purposes
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gross estate and income tax
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The 2032 election takes into account income accrued to ___, not ___
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DOD, post-death income
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what type of ownership arrangement accomplishes a GM wanting her son to receive income for his life and then property to his children?
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create a trust with a life estate to son, and remainder to children
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what type of ownership arrangement accomplishes a married couple wanting co-ownership w/right of survivorship?
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tenancy in entirety
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what type of ownership arrangement accomplishes a parent wanting co-ownership w/children w/right of survivorship
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joint tenancy between parent and children
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what type of ownership arrangement accomplishes a parent wanting co-ownership w/children w/ NO right of survivorship
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tenancy in common between parent and children
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roy gives his daughter money for estimated first yr college expenses. Is he subject to gift tax?
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no, obligation to support child met by educating them
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when filing federal gift tax return, comment on: no federal gift tax is due
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would still have to file return if gift exceeds exclusion or involves a future interest
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when filing federal gift tax return, comment on: gift between spouses
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no gift tax return due on gifts between spouses that get marital deduction
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when filing federal gift tax return, comment on: 2513 spousal split election used
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can only make election by filing return
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when filing federal gift tax return, comment on: gift of future interest involved
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must be filed if future interest involved
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when filing federal gift tax return, comment on: donor uses fiscal year
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gifts are always reported on calendar year
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when filing federal gift tax return, comment on: donor got IRS ext for filing 1040
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this extension also automatically extends the gift tax return
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what is the estate tax treatment for: surviving spouse's share of community property
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surviving spouses share of comm prop not part of gross estate, no return due
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what is the estate tax treatment for: dower interest claimed by surviving spouse of decedent
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dower interest is NOT excluded from gross estate, but probably qualified for marital deduction
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what is the estate tax treatment for: div declared but not paid on stock owned
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dividend included in gross estate if RECORD date is before DOD
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what is the estate tax treatment for: interest accrued but not pd on city bonds owned by decedent
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interest accrued up to DOD included in gross estate
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what is the estate tax treatment for: NR due from relative but forgiven in decedent's will
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FMV of note included in gross estate
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what is the estate tax treatment for: Roth IRA payable to decedent's surviving spouse
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Retirement plan income ALWAYS subject to estate tax, even if not subject to income tax
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what is the estate tax treatment for: gift of stock before death
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gross estate = FMV of life insurance proceeds + gift given within 3 years TAX
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what is the estate tax treatment for: special power of appointment in will
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no transfer tax
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What is the annual gift tax exclusion per donee?
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12k
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What is a single persons unified transfer tax credit per year?
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345,800
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if ron promises his daughter 10k once she passes the cpa exam, and she does after his death, does she get it?
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no enforeceable claim exists, no
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Unlike income tax returns, ___ & ___ can be deducted on an estate return
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fine/penalties, federal AND state taxes
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stolen properties FMV is ___ in the gross estate, then deducted
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included
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Accident insurance recovery is ___ included in gross estate. a casualty loss is claimed on ____
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IS, FINAL INCOME RETURN ONLY
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what characteristics do exempt orgs have?
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1)serves common good 2)not for-profit 3)net earnings do NOT benefit members of org 4)does NOT exert political influence
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what are the exceptions that make an exempt org pay tax?
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1)engaged in prohibited transaction 2)feeder org 3)classified as private foundation 4)has UBTI
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a 501(h) election allows exempt entities like hospitals and medical research facilities to give limited ____
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political contributions
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what and who are intermediate sanctions for?
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excise tax on disqualified persons or managers who do improper transactions. This keeps the IRS from taking away the entity's exempt status.
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what is the external support test?
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requires that more than 1/3 of the orgs support each year must normally come from the general public (excluding disqualified persons)., governmental units, or orgs that aren't private. Support must be gifts, grants, contributions, membership fees, gross receipts from admissions, sales or merchandise, performance of services, or furnishing of facilities in an activity that is not an UTB. These gross receipts >5k or 1% of orgs support are not counted.
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internal support test?
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limits amount of support normally received from gross investment income, UBTT-related tax to 1/3 od orgs support for tax yr
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what taxes are a private foundation potentially subject to?
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investment income tax, self-dealing, failure to distribute income, excess biz holdings, investments that jeopardize charitable purposes, tax on taxable expenditures
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what circumstances cause an exempt org to be subject to UBIT?
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1) conducts trade/biz 2)not substantially related to exempt purpose 3) trade/biz regularly carried on by org
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what is a feeder org?
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wholly owned corporate subsidiary taxed at regular corp rates
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what is the intermediate sanction on a CEO for paying too much unreasonable compensation to a manager?
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MIN(excess comp * 10%, 10k)
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