Tag: QTIP

Prenuptial Agreements in Mississippi: Legal Technicalities and Practical Considerations

Estate Administration, Estate Planning

Prenuptial agreements, having long been viewed between a frame of practicality and social hesitation, have steadily gained traction as couples seek to define their financial rights and obligations before entering marriage. In Mississippi, these agreements carry significant practical and legal weight, but unlike many states, Mississippi has not adopted the Uniform Premarital Agreement Act. Instead,…
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Inter Vivos QTIP Trusts: A Strategic Estate and Asset Protection Planning Option

Uncategorized

Estate planning requires the careful balancing of family priorities with tax and asset protection concerns, and the tools available to practitioners to address these priorities and concerns change over time amid legislative reforms and judicial determinations. Among the tools available to practitioners, the inter vivos Qualified Terminable Interest Property trust, aka the inter vivos “QTIP”…
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McDougall v. Commissioner: Navigating the Complexities of QTIP and Gift Tax

Cases, Estate Administration, Estate and Gift Tax, Estate Planning, Tax, Tax Controversy, Tax Court

The recent Tax Court decision in McDougall v. Comm’r, 163 T.C. No. 5 (2024) provides important insights into the intersection of Qualified Terminable Interest Property (QTIP) trusts and the associated gift tax implications. This article delves into the case’s facts, legal issues, court holdings, and practical implications for estate planners and tax professionals. Factual Background…
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Navigating Gift Tax and QTIP: A Landmark Case

Cases, Estate Administration, Estate and Gift Tax, Estate Planning, Fiduciaries, Revenue Rulings, Tax, Tax Court

In a recent decision, the Tax Court addressed the complexities of gift tax and qualified terminable interest property (“QTIP”) rules, providing important insights for estate planning professionals and taxpayers alike.[1] The case centered on the interpretation of provisions related to the taxation of transfers between spouses, and in this context, termination of QTIP interests and…
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The Importance of a Properly Prepared Form 706 Estate Tax Return

Estate and Gift Tax, Private Letter Rulings, Regulatory, Tax

A recent Private Letter Ruling (“PLR”) issued by the IRS highlighted the importance of a properly prepared Form 706 Estate (and Generation Skipping Transfer) Tax Return (“706”).[1] The PLR granted the requesting Estate a 120-day extension to make a QTIP election (discussed below) as well as divide the QTIP Trust into a Generation Skipping Transfer…
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