Saturday November 18, 2017

Chapter 9 -- Tax References

ANNUITY TRUSTS


Estate of Melvine B. Atkinson, et al. v. Commissioner (2002) CRAT trustee made no attempt to comply requirements.


CHARITABLE ORGANIZATIONS


Bartels Trust v. Commissioner (1998) unrelated business income tax (UBIT).

Caricci, et ux., et al. v. Commissioner conversion from a nonprofit to a for-profit.

CRSO v. Commissioner (2007) Exempt status to a commercial real estate investment company denied.

Cuddeback, et al. v. Commissioner (2002) For the Cuddeback Trust to qualify as a supporting organization (SO), it must meet four basic tests.

Lapham Foundation Inc. v. Commissioner (2002) Creating a supporting organization that distributes grants to a donor advised fund.

Nationalist Foundation v. Commissioner (2000) The Tax Court denied Section 501(c)(3) status to The Nationalist Foundation (NF).

New Dynamics Foundation v. United States (2006) The Tax Court denied Section 501(c)(3) status to the New Dynamics Foundation.

Rameses School of San Antonio, Texas v. Commissioner (2007) charter school not operated for exclusively charitable purposes and tax exempt status revoked.

Salvation Navy, Inc. v. Commissioner (2002) Mr. Valfer incorporated the "Salvation Navy, Inc." and applied for exempt status under Sec. 501(c)(3).

Sklar, et ux. v. Commissioner (2005) charitable deductions for part of tuition payments to a religious school was denied

Sklar, et ux. v. Commissioner (2002) Tuition payment could not be divided into a deductible and non-deductible portion without "an excessive government entanglement with religion."

Sklar, et ux. v. Commissioner (2000) Tuition payment could not be divided into a deductible and non-deductible portion without "an excessive government entanglement with religion."

South Community Association v. Commissioner (2005) Gaming Center is not a qualified charitable institution.

Triplett v. Commissioner (2005) Income earned by Taxpayer did not qualify for tax- exempt gifts to a church.

United States v. Indianapolis Baptist Temple (2000) The members of Indianapolis Baptist Temple (IBT) believe it to be a sin for their church to pay taxes.


ESTATE PLANNING


Abraham v. Commissioner (2005) The court included the full value of family limited partnership assets in the estate of the decedent.

Armstrong Jr., et. al. v. Commissioner (2002) an estate includes the Federal gift tax paid "during the 3-year period ending on the date of the decedent's death."

Bigelow et al. v. Commissioner (2007) FLP Discount Denied.

Bigelow et al. v. Commissioner (2005) Real estate within a Family Limited Partnership (FLP).

Blount v. Commissioner (2005) Buy-Sell agreement where decedent owned 83% of the BCC corporation at his death.

Bradford, et al. v. Commissioner (2002) the Tax Court reduced a charitable bequest in order to pay estate tax.

Brownstone et al. v. United States (2006) the court denied a deduction for a one million dollar transfer from a trust to an estate and then to charity.

Cristofani v. Commissioner (1991) Irrevocable Life Insurance Trusts (ILIT) and the Crummey power.

Crummey v. Commissioner (1968) Withdrawal rights are sufficient to convert the beneficiary's interest into a present interest that qualified for the gift exclusion.

Davenport et al. v. Commissioner (2006) Commercial annuities included in estate.

Erickson et al. v. Commissioner (2007) Deathbed FLP does not qualifying for a minority or marketability estate discount.

Freedman et al. v. Commissioner (2007) a joint tenancy between a mother and son did not constitute a completed gift.

Harbison v. United States (2000) The case highlights the importance of a proper reformation under Sec. 2055(e)(3).

Galloway v. United States (2007) Testamentary trust not qualified for a charitable deduction under Sec. 2055(e).

Galloway v. United States (2006) Estate deduction denied where property not transferred into an annuity trust, a unitrust or pooled income fund

Hartsell v.Commissioner (2004) The estate would be required to make payment of overdue estate tax, and also a penalty for the late payment.

Kimbell, Sr., et. al. v. United States (2004) Family Limited Partnership (FLP) Creation.

Korby et al. v. Commissioner (2006) the tax court sustained an IRS deficiency of $503,285.

Korby et al. v. Commissioner (2005) the assets of a family limited partnership were included at full fair market value in the estate.

Lorraine C. Disbrow v. Commissioner (2006) Home transferred to a family limited partnership still included in Decedent's estate.

Strangi v. Commissioner (2005) The court determined that the Strangi FLP lacked a "substantial non-tax purpose" and, thus, the exception did not apply.

Tamulis et al. v. Commissioner (2006) Estate misses deadline to reform trust.

Tehan v. Commissioner (2005) The court determined that the decedent's residence would be included in his estate at full value under Sec. 2036(a)(1).

Wells Fargo Bank New Mexico, et al. v. United States (1999) the gift is determined by an objective test that finds whether or not there has been passage of dominion and control.


GIFT ANNUITIES


Musgrave, et ux. v. Commissioner (2000) Tax Court upheld a charitable deduction for a bargain sale.


OUTRIGHT GIFTS & BEQUESTS


Addis, et ux. v. Commissioner (2004) No deduction for charitable reverse split dollar plans.

Addis, et ux. v. Commissioner (2002) no deduction for charitable reverse split dollar plans.

Barck v. Commissioner (2001) The Barcks claimed deductions however, they did not maintain appropriate written records.

Bischel et ux. v. United States (2006) No deduction for gift of a grazing permit.

Cameron, et ux. V. Commissioner (2002) obtaining receipts for all gifts of $250 or more is essential.

Cavett v. Commissioner (2000) Sec. 2055(a)(3) limits charitable deductions to amounts used "exclusively for religious, charitable, scientific, literary or educational purposes."

Dowdy v. Commissioner (2006) Failure to substantiate charitable gifts.

Glass et ux. v. Commissioner (2006) United States Court of Appeals for the Sixth Circuit affirmed a tax court decision that permitted a conservation easement deduction.

Glass v. Commissioner (2005) The Service contested the conservation easement deductions and claimed that the easement failed to qualify.

Goldsby et ux. v. Commissioner (2006) The Tax Court denied a conservation easement deduction.

Haas III et ux. v. Commissioner (2006) Poor record keeping elimates charitable deduction.

Hackl, et vir v. Commissioner (2002) The Tax Court rejected the claim that gifts of LLC interests qualified for the annual exclusion.

Helvering v. Horst (1940) Gift of Negoitable Coupon Bonds to Son Produces Income to Father.

Hernandez v. Commissioner (1989) Church of Scientology auditing fees are not deductible.

Hill, et ux. v. Commissioner (2004) The Hill's did not have written receipts from any of the organizations as required by Sec. 170(f)(8)(B).

Jennings v. Commissioner (2000) Deficiencies for unsubstantiated charitable contributions.

Jones v. Commissioner (2004) Mr. Jones to took both employee expenses and charitable deductions.

Kaplan et ux. et al. v. Commissioner (2006) Deduction denied for a gift of leased property.

Rauenhorst, et. aux. v. Commissioner (2002) a gift of warrants for the purchase of stock.

Warfield et al. v. Commisioner (2006) Failure to substantiate charitable gifts.

Winokur v. Commissioner (1988) Gifts of art.


UNITRUSTS


Ferguson v. Commissioner (1997) The pre-arranged sale.

Newhall v. Commissioner (1997) Unitrusts and unrelated business income tax (UBIT).

Newhall v. Commissioner (1995) Unitrust funded with publicly traded limited partnerships ("PTLPs").

Starkey v. United States (2000) "The inartful language [of the trust] caused problems."

Tamulis v. Commissioner (2007) Charitable deduction for a trust distributing income to family and remainder to charity denied.


VALUATION


Arbini v. Commissioner (2001) This is a classic "battle of the appraisers" case.

Caracci et al. v. Commissioner (2006) The Fifth Circuit reversed a decision assessing a penalty under the Sec. 4958 intermediate sanctions rules.

Davis v. United States (2007) Stream of lottery payments be valued using Sec. 7520 tables.

Donovan, Jr. v. United States (2005) Are lottery payments an annuity? Should the 7520 tables be applied with no marketability discount?

Estate of Claude C. Focardi et al. v. Commissioner (2006) Contingent Spousal Interest is not considered for gift tax deduction purposes.

Gimbel et al. v. Commissioner (2006) Valuation discount for a large block of restricted stock.

Jelke III et al. v. Commissioner (2007) Built-in gains" capital gain discount should be 100% for estate tax valuation purposes.

Kahn et al. v. Commissioner (2006) IRA's Value is Determined by Assets.

Kelley v. Commissioner (2005) Valuation of LLC interests at death.

Koblick et ux. v. Commissioner (2006) The Service dramatically reduced a charitable deduction for a gift of an undersea lab.

Kohler, Jr. et al. v. Commissioner (2006) Tax Court accepted the valuation of the taxpayer's expert appraiser.

Langer et. al. v. Commissioner (2006) The estate and IRA appraisers contested valuations.

Ney et ux. v. Commissioner (2006) Failure to comply with appraisal requirements.

Palmer v. Commissioner (1974) Charitable gifts of Stock.

Roark et. al. v. Commissioner (2004) Charitable reverse split dollar (CRSD) Plans.

Shackleford v. United States (2001) Lottery winnings and the lack of marketability discount for the decedent's estate.

Schott, et vir v. Commissioner (2003) GRAT valuation.

Senda et ux. v. Commissioner (2006) Family limited partnership valuation deduction denied.

Smith v. United States (2004) Valuation of retirement plans.

Stone et al. v. United States (2007) Valuation of fraction interest in Art

Thompson et al. v. Commissioner (2007) Valuation of business interests in estate.

Todd, et ux. v. Commissioner (2002) Valuing stock.

Turner et ux. v. Commissioner (2006) Conservation easement valuation rejected.

Turner, Executrix of the Estate of Theodore Thompson, Deceased v. Commissioner (2004)
Family Limited Partnership (FLP's) valuation.

Wortmann v. Commissioner (2005) This is a case with basic errors in the appraisal.


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