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Defined Value Clauses: Drafting and Avoiding Red Flags (Live Replay from March 9, 2022)

Description

Formula and defined value clauses are used in estate planning to attempt to "fix" the value of property transferred in a lifetime gift, testamentary transfer, or sale. These clauses are also frequently used in marital deduction and credit shelter trusts, and GST allocations.

Carefully drafted formula clauses can withstand IRS scrutiny and optimize tax outcomes for a client's estate. But the IRS is aggressive in challenging formula clauses as not reflecting economic reality and understating the value of the property transferred.

This program provides an in-depth discussion of the uses of formula clauses, regulatory and case law developments, and practical guidance in drafting clauses to avoid red flags and withstand IRS scrutiny.

  • Types of clauses – formula allocation by subsequent agreement, final value for gift taxes, or price adjustment
  • Use in marital deduction and credit shelter trusts, and GST Tax allocations
  • Spotting red flags that may trigger IRS scrutiny
  • Case law and regulatory developments
  • Special considerations in "de-coupled" states

Contributors

  • Michael Sneeringer

    Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA's Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute. Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

    Click here for more information about Michael.

  • Missia H. Vaselaney

    Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses. She also represents clients before federal and state taxing authorities. Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001. Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

    Click here for more information about Missia.

July 18, 2022
Mon 1:00 PM EDT

Duration 1H 0M

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