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Estate Tax


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This Portfolio reviews the legal basis of durable powers of attorney and discusses many aspects of their creation and use for disability planning.

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This Portfolio describes the federal income tax treatment of healthcare organizations that are exempt from tax under §501(a) of the Internal Revenue Code.

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Domestic Asset Protection Trusts discusses various aspects of domestic asset protection trusts (APTs), including the reasons for and against recognizing such trusts, the benefits of such trusts,...
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Private Foundations — Taxable Expenditures (Sec. 4945) discusses in detail the restrictions placed upon the activities of private foundations under §4945.

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Private Foundations — Excess Business Holdings explains the application and operation of §4943 of the Internal Revenue Code, which imposes an excise tax on the excess business holdings of private foundations and certain supporting organizations.

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Family, Kinship, Descent, and Distribution , examines in detail the interaction of estate planning and family, kinship, descent, and distribution. The focus of the portfolio is on the numerous...
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This Portfolio discusses excise taxes under §4940 upon the investment income of private foundations and under §4944 upon private foundation investments.

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This Portfolio reviews the methods commonly used in the valuation of assets, including real estate.

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This Portfolio discusses the methods for valuing corporate stock interests when the value cannot be readily determined by reference to an established market.

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This Portfolio describes and analyzes basic principles of §§511 through 513 pertaining to the tax on unrelated business taxable income of charities and other exempt organizations.

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This Portfolio describes the Uniform Trust Code (UTC) as promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL).

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This Portfolio explains in detail the federal income, estate, and gift taxation of foreign trusts and estates and their grantors and beneficiaries.

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This Portfolio covers the rules governing different types of investments available to trustees, income tax consequences of those investments, and the economic theory behind investing.

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This Portfolio addresses tax planning for gratuitous transfers of property to a spouse who is not a U.S. citizen.

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This Portfolio analyzes the historical and current federal estate and gift tax treatment of “estate freezing” transactions.

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This Portfolio is a study of the law concerning the payment and apportionment of federal and state wealth transfer taxes.

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This Portfolio covers aspects of tax law that impact a client who changes domicile, and discusses documents a migrant client should execute to implement his or her estate plan.
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This Portfolio discusses in detail the federal estate tax family-owned business exclusion which was enacted by the Taxpayer Relief Act of 1997 and amended in 1998.
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This Portfolio addresses the requirements for the execution of a valid will, a critical element in the implementation of a successful estate plan.

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Tax-Exempt Organizations: Reporting, Disclosure and Other Procedural Aspects, addresses the procedural aspects concerning organizations exempt from federal income taxation under the Internal Revenue Code.

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This Portfolio describes the organization and operation of organizations exempt from federal income taxation under the Internal Revenue Code of 1986, as amended.

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This Portfolio studies the federal estate, gift, and income taxation of concurrent ownership interests in property with respect to which there is a right of survivorship.

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Tax Issues of Religious Organizations focuses primarily on the federal income tax issues affecting religious organizations, their donors, and members. Where appropriate, it briefly discusses other federal tax areas, such as the estate tax, social security tax, and the unemployment tax.

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Supporting Organizations examines the supporting organization as defined in Internal Revenue Code §509(a)(3).

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This Portfolio describes and analyzes the provisions of §§665-668 of the Internal Revenue Code, dealing with the income tax treatment of “accumulation distributions”.

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This Portfolio explains in detail how under §2035(a) certain gifts made within three years of the donor's death are included in the donor's gross estate.

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This Portfolio analyzes assets included in a decedent's gross estate that are valued at their “highest and best use” for estate tax purposes if specific requirements are met. 

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This Portfolio describes and analyzes the creation and use of revocable trusts for various estate planning benefits.

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This Portfolio is an introduction to, and overview of, the process of probate and estate administration. 

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This Portfolio is one of several portfolios dealing with the tax exemption issues encountered by private foundations and other charitable organizations.

 

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This Portfolio discusses the definition and classification of private foundations and public charities.

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This Portfolio discusses in detail the excise taxes imposed by §4941 on acts of self-dealing between private foundations and certain related persons.

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This Portfolio discusses in detail the distribution requirements imposed by §4942 upon private foundations.

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This Portfolio describes the advantages and disadvantages of private annuities and self-canceling installment notes (SCINs).

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This Portfolio analyzes applying federal estate, gift, and income tax statutes to holders of powers of appointment, focusing on §§2041, 2514, and 671–678 of the Internal Revenue Code.

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This Portfolio identifies estate planning issues that are unique to families whose members include disabled children and adults, and examines techniques to address these problems.

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This Portfolio describes the income, estate, and gift tax consequences of establishing a revocable or irrevocable life insurance trust.

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This Portfolio deals with the federal income tax consequences that arise upon a distribution of cash or other property by a partnership to a partner.

 

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This Portfolio addresses transfers of partial interests in property under Chapter 14, and rules for transfers that qualify for exception to unfavorable valuation under §2702 and more.

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This Portfolio explains the federal taxation of property transfers made by resident non-citizens and nonresident non-citizens, and their respective estates.

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This Portfolio describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements.

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This Portfolio discusses the risky business of serving as trustee and addresses common pitfall areas for fiduciaries and highlights their actions that may result in litigation.

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This Portfolio analyzes in detail the federal estate and gift tax treatment of life insurance policies and outlines the general principles involved.

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This Portfolio covers the evaluation, selection, and purchase of life insurance and describes life insurance basics, and the tax preferences life insurance enjoys.

 

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This Portfolio analyzes the unique federal income tax issues affecting tax-exempt organizations involved in joint venture arrangements.

 

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Intermediate Sanctions discusses in detail the applicable sanctions that, under §4958, may be imposed on excess benefit transactions.

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Insurance-Related Compensation discusses how to use life insurance to provide compensation and benefits for employees.

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This Portfolio is concerned with lifetime transfers with respect to which the transferor retains or possesses at death one or more rights or powers over possession or enjoyment.

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This Portfolio discusses lifetime transfers with respect to which the transferor retains at death one or more specified beneficial interests in the property transferred during life.

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This Portfolio provides detailed coverage of the rules governing the income taxation of estates, trusts, and their beneficiaries and the rules of subchapter J of the Code.

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This Portfolio discusses the scheme for taxing “income in respect of a decedent” (IRD).

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This Portfolio gives attorneys referential material for analyzing federal immigration and expatriation law issues that arise in connection with forming estate plans for clientele.

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This Portfolio is a fundamental building block for estate planners as it deals primarily with the question of which interests in property are includible in a decedent's gross estate.

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Grantor Trusts: Income Taxation Under Subpart E, examines the taxation of grantors and third parties deemed to own the assets of a trust under §§671–679.

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Gifts to Minors analyzes in detail the major income tax and transfer tax consequences of gifts to or for the benefit of donees of an age less than majority.

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Gifts discusses the definition of “taxable gift” and analyzes when a transfer subject to the gift tax occurs.

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Generation-Skipping Transfer Tax discusses the generation-skipping transfer tax, enacted as chapter 13 of the Internal Revenue Code by the Tax Reform Act of 1986.

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This Portfolio addresses breaches by trustees and by personal representatives, such as executors and administrators, of their fiduciary duties.

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This Portfolio explores the federal estate, income, gift, and generation-skipping transfer tax aspects of employee plan and commercial annuities.

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This Portfolio covers income and transfer tax and nontax considerations regarding family limited partnerships and limited liability companies (LLCs) formation, operation and termination.

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This Portfolio analyzes declaratory judgment actions involving exempt organizations filed under §7428 of the Internal Revenue Code.

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This Portfolio is a guide to preparation of the Forms 706 and 709, the federal estate (and generation-skipping transfer and gift and generation-skipping transfer) tax returns.

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This Portfolio analyzes estate tax payments and liabilities as well as the Internal Revenue Code relating to extensions of time to pay estate tax attributable to various interests.

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Estate Tax Marital Deduction presents a detailed study of the marital deduction under the federal wealth transfer tax laws.

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This Portfolio discusses two of the five categories of deductions permitted from a decedent's gross estate in arriving at his or her taxable estate - Sections 2053 and 2054.

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This Portfolio analyzes rules under §§2010 through 2016 of the Internal Revenue Code and covers topics such as the unified credit against estate tax, unified credit planning, and more. 

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This Portfolio analyzes tax and non-tax issues that face American adults who are either divorced, widowed, or by legal proscription, are not involved in a marital relationship.

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This Portfolio analyzes typical problems arising in wealth transfer planning for corporate executives.

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This Portfolio is designed as a guide to the lifetime and post-mortem estate planning techniques primarily applicable to the owners of interests in closely held businesses.

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This Portfolio addresses the unique issues involved in planning and administering estates that consist of assets created by the decedent's personal literary or artistic efforts.

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Estate Planning is designed as an authoritative and practical working tool for attorneys, accountants, and others involved in estate planning practice, estates, gifts, and trusts.

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This Portfolio discusses aspects of tax planning in connection with administration of an estate or trust and includes, but is not limited to, the subject of after-death tax planning.

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This Portfolio discusses estate planning considerations relating to distributions from qualified retirement plans and individual retirement accounts (IRAs).

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This Portfolio analyzes estate tax charitable deductions to a decedent's estate by §2055 for transfers to qualifying recipients for public, charitable, and religious purposes.