Missing Income Tax Returns of a Decedent

One of the duties of the executor or administrator of an estate is to file required income tax returns for the decedent. I.R.C. § 6012(b)(1) states that the federal income tax return that is required for a decedent shall be...

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Final Regulations on Administration Expenses and Excess Deductions

The Internal Revenue Service has published final regulations on the deductibility of administration expenses for both estates and trusts and for their beneficiaries when the estates or trusts terminate. “Effect of Section 67(g) on Trusts and Estates,” TD 9918, 85...

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Deductibility of Estate and Trust Administration Expenses

Under the new regulations for I.R.C. §§ 67 and 642(h), it becomes even more important for both estates and trusts and their beneficiaries to determine which administration expenses are deductible and which are not. (See “Final Regulations on Administration Expenses...

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Low-Interest Estate Planning Strategies

The Internal Revenue Service has announced federal rates for the month of June that will be the lowest in the histories of sections 1274 and 7520 of the Internal Revenue Code (“IRC”). The §7520 rate, which is used to value...

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Proposed Regulations on Administration Expenses and Excess Deductions

[9/28/2020 Update: Final regulations have been adopted and a section has been added at the end of this article briefly describing the few differences between the proposed and final regulations.] The Internal Revenue Service has published proposed regulations on the...

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Virtual (Videoconference) Probate Procedures

The Supreme Court’s order declaring a judicial emergency due to the COVID-19 pandemic, and the orders of local courts declaring emergencies in their counties and closing county offices, have halted or drastically slowed the operations of most offices of the...

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No Required Minimum Distributions in 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), P.L. 116-136, enacted March 27, 2020, added a new § 401(a)(9)(I) that eliminates any required minimum distribution for the year 2020. New § 401(a)(9)(I)(i) states that the required distribution requirements...

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Final Estate Tax Exclusion Regulations: “Clawback” Defanged

The following article is adapted from written materials created for a Pennsylvania Bar Institute “webinar” of the same name, catalog #11095 (3/10/2020). The Treasury Department has published final regulations on the changes to the federal estate and gift tax basic...

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