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    Issue 24 - August, 2016

    NAEPC Journal of Estate & Tax Planning

    Editor's Note: This "dinner menu" summary is designed to help you with the flavor of the article before you read more. If you are interested in the article, click its title to access a copy. The opinions expressed by authors do not necessarily reflect those of the National Association of Estate Planners & Councils.

    Regular Columns and Reports

    Note from the Editor: Time to Start the Estate Planning Conversation with Your Privately Held Business Owner Clients
    Author: Susan P. Rounds, JD, CPA, LL.M., AEP®
    List of Conferences
    2016 Conferences on Estate, Financial Planning
    Distance Learning Programs
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    Accredited Estate Planner® Designee - Top Pick

    Creative Planning Strategies Once the 2704 Regs Become Final (PDF file)
    Hot off the presses. A critical read for some direction on the 2704 regs.
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Authors: Steven J. Oshins, JD, AEP® (Distinguished) and Robert S. Keebler, CPA, MST, AEP® (Distinguished)

    Features

    A Comprehensive Perspective on Four UPIA-TOLI Cases, Plus One That Includes the UTC, and Their Astounding Implications for ILIT Trustees, Part 1 of 2 (PDF file)
    Provides a critical and thorough review of the prudent investor duties of a trustee with respect to life insurance. Part I: Cochran vs. KeyBank (Coauthor Randy Whitelaw was the lead expert for the plaintiffs.)
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Authors: Gary L. Flotron, MBA, CLU®, ChFC®, AEP® and E. Randolph "Randy" Whitelaw, AEP® (Distinguished)
    A Comprehensive Perspective on Four UPIA-TOLI Cases, Plus One That Includes the UTC, and Their Astounding Implications for ILIT Trustees, Part 2 of 2 (PDF file)
    Part 2: Describes and analyzes 3 subsequent UPIA-TOLI cases. Includes Rafert v. Meyer which applies the UTC in addition to UPIA to TOLI.
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Authors: Gary L. Flotron, MBA, CLU®, ChFC®, AEP® and E. Randolph "Randy" Whitelaw, AEP® (Distinguished)
    Elephant in the Room (PDF file)
    The author identifies the potential negative impact of our enduring low interest rate environment on life insurance products and on the industry as a whole.
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Author: Lawrence Rypka, JD, CFP
    Estate Planning Strategy Using Cost Segregation (PDF file)
    This article was penned especially for our NAEPC Journal readers. Cost segregation is an income tax strategy used to accelerate depreciation deductions. While depreciation is generally a use it or lose it deduction, if a decedent missed the opportunity to accelerate during life—the estate may still be able enjoy the benefits of this technique via the decedent's final income tax return. Moreover, the estate and beneficiaries may avoid the potential depreciation recapture on a subsequent sale. Learn how.
    Authors: Gian Pazzia, CCSP
    A Primer on Tax and Other Issues Relevant to Art Collectors and Their Advisors (PDF file)
    A thorough outline that walks through both the income and the transfer tax ramifications of owning and transferring works of art, whether to third parties, charity or chosen beneficiaries. Details of California Sales and Use tax are also provided along with strategies for dealing with dealers.
    Author: Paul N. Frimmer, Partner, Loeb & Loeb LLP
    Note Sales, Economic Substance and "The 10% Myth" (PDF file)
    The authors analyze the often used 10% seeding strategy used to establish economic substance in a sale to IDGT transaction and demonstrate why the Reality of Sale approach has more validity and is the true key. They conclude that the correct test is whether the note payments can be projected to be satisfied and how that standard can be met.
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Authors: Jerome M. Hesch, Esq., Richard Oshins, MBA, LL.M., AEP (Distinguished) & James Magner, JD, CLU, ChFC
    2nd Annual Non-Grantor Trust State Income Tax Chart (PDF file)
    Is the "tax drag" wasting your client's investment returns? Many trusts accumulate income that is subject to state income tax even if the income is not sourced in that state. The author discusses the triggers - and the fixes.
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)
    Author: Steven J. Oshins, JD, AEP® (Distinguished)
    High Performance Teaming & Professional Collaboration (PDF file) 
    The NAEPC mission is to promote the inter-disciplinary approach to estate planning. This article, adapted from our full whitepaper on the topic, illustrates the when, the why, the how, and the incomparable benefits to both clients and advisors.
    Originally published in the May 2016 issue of Trusts & Estates. See subscription information.
    Our NAEPC collaboration whitepaper was authored by members of the NAEPC Multi-Disciplinary Teaming and Professional Collaboration Committee. Primary Contributing Authors: Todd Fithian, CLWC®; Albert E. Gibbons, CLU®; ChFC®, AEP® (Distinguished); and, David W. Holaday, ChFC®, CAP®. The whitepaper was adapted to this article by Susan P. Rounds, JD, CPA, LL.M., AEP®.
    Proposed Regulations IRC Section 2704 (PDF file)
    The long promised proposed regulations under IRC Section 2704 have just been released. The government document is attached in its entirety. Expect analysis and commentary in the days and weeks to come. More information appears in Note from the Editor: Time to Start the Estate Planning Conversation with Your Privately Held Business Owner Clients.
    Author: Department of the Treasury, Internal Revenue Service

    News Nook: A Compendium of Current Affairs

    The NAEPC Journal of Estate & Tax Planning Quarterly Tax Update 2Q 2016 (PDF file)
    Author: Scott E. Swartz, JD, LL.M., AEP®
    Practical Planner Newsletter April - June 2016  (PDF file)
    Author: Martin M. Shenkman, CPA, PFS, MBA, JD, AEP® (Distinguished)
    Pre-Election Estate Tax Proposals: Clinton vs. Trump  (PDF file)
    Learn the stark contradictions in the candidates' current proposals and the steps you can take now to best prepare your clients—no matter who wins.
    Author: Martin M. Shenkman, CPA, PFS, MBA, JD, AEP® (Distinguished)
    NAEPC Monthly Technical Newsletter
    Reproduced courtesy of Leimberg Information Services, Inc. (LISI)

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    Edited by:


    Susan P. Rounds,
    JD, CPA, LL.M. (taxation), AEP®

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