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MacKenzie Maddox Accounting Department, Athens State University Tax Research Professor Corzine
2 ADVANCED CASE STUDY AC-2 Date: 16 November 2023 To: May (Wanda Griffin’s sister and legal guardian of Amy) From: MacKenzie Maddox Subject: Minor beneficiary inherits guardian’s estate. Summary of Facts: Wanda and Frank Griffin died in a car accident while their daughter Amy (who was also in the car) suffered serious injuries. The Griffins left their daughter as the beneficiary of their assets, with her aunt May (Wanda’s sister) as her legal guardian. May filed a lawsuit against the trucking company in which Amy was awarded a large sum for the death of her parents, and medical and funeral costs. May was also awarded a sum for the death of her sister, Wanda. Issue: What tax obligations may Amy experience (inheritance, legal award, trusts, IRA)? Law and Analysis: First, I analyzed the Internal Revenue Code and IRS forms to determine the expenses accrued after the accident and acquired inheritances, estates, and distributions. Also, I examined regulations, publishments, and expectations of the benefactor/grantor based on the value of the estate, as well as federal obligations for each category mentioned and anticipated. Second, IRC 104(2) discusses compensation due to deductions are excludable from gross income. Also, compensation attributed to personal physical injuries or sickness is excluded from gross income. Along with this reference are other supportive statements to ensure Amy’s assets comply with IRC regulations and that the legal parties involved are aware of the required documents according to the IRS. Further, it was important to examine the emotional distress Amy experienced due to her parent’s death and the loss of functionality of her arm. Additionally, the life insurance policy was examined considering the estate Amy has now inherited from her parents. Finally, I considered the imposition of tax policies within the inheritance of Amy’s estate such as interest rates, if any, IRAs, 401(k), the house and its contents, investments, medical expenses, and the overall capital gain she could accrue. Also, within the capital gain I analyzed if there would be any sort of imposition from these gains to ensure their deductibility is valid, and what tax obligations May could be responsible for on Amy’s behalf. I also investigated the federal/legal and tax policy on estate inheritance especially if the evaluation of the estate is more than $12.93 million. Though there is no specific number, it is important to outline all factors and information to the client of these regulations based upon the IRS (Form 706). List of Authorities:
3 ADVANCED CASE STUDY CCH ANSWERCONNECT: Wolters Kluwer . CCH AnswerConnect | Wolters Kluwer. (n.d.). https://answerconnect.cch.com/contents-document/mtg018458bfee7b581000911900237de 5959c036/damages-for-personal-injuries-or-sickness   DePersio, G. (2023, April 30).  Revocable Trust vs. Irrevocable Trust: What’s the difference?  Investopedia. https://www.investopedia.com/ask/answers/071615/what- difference-between-revocable-trust-and-living-trust.asp  Instructions for form 706 (09/2023) . Internal Revenue Service. (n.d.-a). https://www.irs.gov/instructions/i706  Legal Information Institute. (2023, June).  Loss of consortium . Legal Information Institute. https://www.law.cornell.edu/wex/loss_of_consortium  Legal Information Institute. (n.d.-a).  26 U.S. Code § 61 - gross income defined . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/61  Legal Information Institute. (n.d.-b).  26 U.S. Code § 101 - Certain Death Benefits . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/101  Legal Information Institute. (n.d.).  26 U.S. Code § 104 - compensation for injuries or sickness . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/104  Legal Information Institute. (n.d.-c).  26 U.S. Code § 213 - Medical, dental, etc., expenses . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/213   Legal Information Institute. (n.d.-d).  26 U.S. Code § 1014 - basis of property acquired from a decedent . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/1014   Legal Information Institute. (n.d.-e).  26 U.S. Code § 2032 - alternate valuation . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/2032  Legal Information Institute. (n.d.-i).  26 U.S. Code § 2042 - proceeds of Life Insurance . Legal Information Institute. https://www.law.cornell.edu/uscode/text/26/2042   Login . Checkpoint. (n.d.). https://checkpoint.riag.com/app/login  Purpose of trusts - types of trusts: NYC bar . New York City Bar - Legal Referral Service. (2020, June 10). https://www.nycbar.org/get-legal-help/article/wills-trusts-and-elder-law/trusts/ #:~:text=A%20trust%20is%20a%20document,medical%20planning%2C%20and %20charitable%20giving.  Tax implications of settlements and judgments . Internal Revenue Service. (n.d.). https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments  United States Estate (and generation-skipping transfer) tax return. (n.d.). https://www.irs.gov/pub/irs-pdf/f706.pdf 
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4 ADVANCED CASE STUDY CONCLUSION: If Amy's inheritance is worth more than $12.93 million, taxes may apply. Additionally, if the property is sold in part, May's damages award—which is referred to as "punitive damage"—and Amy's legal award are not included in gross income. Since May is Amy's legal guardian and Amy is a minor, May must file Amy's annual federal tax return on her behalf once the trust for her assets is established. Evidence supported for this case outlines the items Amy and more importantly, May are responsible for to ensure the assets comply with the Code along with the IRS. For the first step, May should compile all assets and speak with a tax advisor to determine the valuation of Amy’s inheritance. Next, she has nine months to file Form 706 as she would be considered the executor to skip and ensure no other persons of interest inherit the assets other than the beneficiary, Amy. During this step, it will determine if Amy’s inheritance is taxable should it exceed $12.93 million and if it will be taxable. The legal awards received by Amy may or may not be taxable due to the loss of consortium. However, her emotional distress from her parent’s death is not subject to federal taxation but could be included in gross income. Further, May could experience the same classification of her emotional distress due to the death of her sister. For the IRAs, specifically, IRC §401(a)(9) requires that minimum distributions be paid to the beneficiary by either (1) the original IRA owner's survivor, if the distributions begin prior to the year of the original IRA owner's death, or (2) the original IRA owner's fifth year of death. Although these distributions are taxable and need to be included in gross income, they are not covered by IRC §72(t). Legal counsel should be consulted before retitling the IRA. Finally, establishing a trust for Amy will be beneficial for her financial portfolio and sustainability. The purpose of a trust is to give an organization the authority to keep and manage the funds for the recipient’s benefit or the benefit of another individual. A trust can be used for a variety of things, such as charitable giving, tax planning, estate planning, and medical planning. Support 1: Amy’s inheritance consists of several tangible and intangible assets from her parents. To determine and accurately assess the outcome of her inherited assets, each asset must be examined individually. Her parents left her their investments, traditional individual retirement accounts (IRAs), the house and its contents, life insurance policy, and 401(k). Per the Internal Revenue Code, section 2010(3)(B) if the estate value surpasses $5 million (Institute, Unified credit against estate tax) or if per Form 706, the amount will be calculated and taxed at the rate of 40% (0.40) (IRS, United States Estate (and Generation-Skipping Transfer) Tax Return) . To calculate the value of the taxable estate for the tax imposed by section 2001, the gross estate value must be deducted from the amount for claims against the estate, funeral costs, administration costs, and unpaid mortgages on or debts related to the property where the value of the decedent's interest in that property, as reduced by the mortgage or debt, is included in the gross estate value (IRS) . Further, Form 706 instructions state the process of filing and the purpose of this document. Form 706 highlights an executor includes the executor, personal representative, or administrator of the decedent's estate. If none of these are designated, eligible, and functioning within the United States, then any individual who possesses any of the deceased person's assets, whether directly or
5 ADVANCED CASE STUDY indirectly, is deemed an executor and is required to submit a return. Since Amy is a minor, her aunt would be considered an executor as she serves as the legal guardian for Amy. Also, Form 706 is used by the executor of a decedent's estate to calculate the estate tax levied under Internal Revenue Code Chapter 11. This tax is applied to the total taxable estate, not just the portion that a specific beneficiary receives. The generation-skipping transfer (GST) tax levied by Chapter 13 on direct skips—transfers to skip persons of interests in property included in the decedent's gross estate—is also calculated using Form 706. To report estate and/or GST tax, you have nine months from the date of the decedent's death to file Form 706. You might be granted an extension of time to file if you are unable to submit Form 706 by the deadline. Aunt May could use Form 4768, Application for Extension of Time to File a Return and/or Pay U.S. Estate Tax, to receive a   six-month extension of the filing deadline should the deadline end from the given nine- month timeframe (IRS) . However, should Amy or Aunt May decide to sell the assets in the future, section 1014(a)(1) of the Code states, unless otherwise specified in this section, the basis of property in the hands of someone who acquires property from a decedent or to whom property passes from a decedent shall be—the fair market value of the property at the decedent's death; in the event under section 2032 (acquired) . Further, section 2032(a)(1-3) states, that if the executor chooses, the value of the entire estate can be ascertained by applying the following valuation method to each item that is part of the gross estate if any property is distributed, sold, traded, or otherwise disposed of within six months following the death of the decedent, its value will be determined on the date of the sale, exchange, distribution, or other disposition (valuation) . The Griffins 401(k) retirement fund and traditional IRAs should be classified as an inherited IRA. H-12289.4 states an IRA acquired by a beneficiary on the death of someone other than a spouse is called an “inherited IRA. An inherited IRA comprises an IRA created to accept a direct trustee-to-trustee transfer of a distribution from a qualified plan of a deceased employee on behalf of the non-spouse beneficiary; see § H-11438.1. However, if the IRA is set up in the beneficiary's name "of the deceased IRA owner," 1 H-11469, trustee-to-trustee transfers are allowed. Minimum distributions must be made to the beneficiary by either (1) the original IRA owner's survivor, provided that the distributions start before the year of the original IRA owner's death, or (2) the original IRA owner's fifth year of death, as per IRC §401(a)(9). IRC §72(t) does not apply to these distributions; however, they are taxable and must be included in gross income. When retitling the IRA, legal advice should be sought (Checkpoint) . For the life insurance policy, section 101(2)(B) states, the amount excluded from gross income by paragraph (1) shall not exceed the sum of the actual value of such consideration and the premiums and other amounts subsequently paid by the transferee in the case of a transfer for a valuable consideration of a life insurance contract or any interest therein, by assignment or otherwise. If such a transfer is made to the insured, to one of the insured's partners in a partnership, to a corporation in which the insured is an officer or shareholder, or to any of the aforementioned entities, the previous sentence will not apply ( (Institute, Certain death benefits) The first sentence of this paragraph refers to "other amounts," which includes interest paid or accrued by the transferee on indebtedness with respect to such contract or any interest therein, provided that section 264(a)(4) prohibits such interest from being deducted (Institute, Certain
6 ADVANCED CASE STUDY death benefits) . Essentially, section 264 of the Code states no deduction is allowable for any interest that has been paid or accumulated on any debt related to one or more individual life insurance policies that the taxpayer owns, as well as any endowment or annuity contracts that the taxpayer owns that cover the lives of individuals. However, it does include a caveat for key persons (20 percent owners of the policy) that section 264(1)(4) shall not apply to any interest that is paid or accumulated on any debt related to contracts or policies that cover a key person, provided that the total of all such debt related to contracts and policies covering such a person does not exceed $50,000. Therefore, depending upon the amount of the policy, the policy may be deductible if it does not exceed $50,000. Also, section 2042(1) states, that to the extent that the executor can collect money from insurance under the decedent's life policies, the value of the entire estate will be included in the gross estate value (Institute, Proceeds of life insurance) . Furthermore, section 101(c) states if any amount excluded from gross income by subsection (a) (for example, section 101(a): amounts received (in one lump sum or in installments) under a life insurance contract, if such amounts are paid due to the insured's death, are not included in gross income) is held under an agreement to pay interest thereon, the interest payments shall be included in gross income (Institute, Certain death benefits) . Therefore, May is responsible for paying interest amounts for the life insurance policy, also the interest payments will be included in the gross income. Support 2: For the medical expenses per IRC section 104, compensation that is correlated to section 213; section 213 states medical expenses can be deductible under the instance of the taxpayer, his spouse, or a dependent of medical expenses paid during the taxable year that were not covered by insurance or in any other way (Medical) . Also, section 104(a) (1-2) mentions any physical injuries or sicknesses are excluded from the gross income (Institute, Compensation for injuries or sickness) . Therefore, Amy’s list of items (personal medical costs, parents’ medical and funeral expenses, and partial loss of her arm and hand usage) are excluded from gross income. Also, it is significant to highlight the Code, section 104(6)(B) doesn’t count emotional distress as a physical illness or sickness (Institute, Compensation for injuries or sickness) Rev. Rul. 96-65 - Back pay and emotional distress damages received to satisfy a claim for employment discrimination based on unequal treatment under Title VII of the 1964 Civil Rights Act are not excludable from gross income under the current Section 104(a)(2) of the Code. Back pay received to satisfy such a claim was not excludable from gross income under the previous Section 104(a)(2), but damages for emotional distress are excludable (Code) . Also, Amy experienced mental anguish due to the loss of her parents, as well as May losing her sister, but it isn’t attributed to damages paid for medical care. Amounts received as damages, other than punitive damages, on account of personal physical injuries or sickness, are excludable from gross income (Code Sec. 104(a)(2)) (CCH) . Regarding a legal award, a parent-child relationship related to the consortium is limited to the emotional and physical benefits normally associated with that type of relationship (Institute) . Therefore, Amy may or may not be entitled to the legal award due to the loss of consortium since her parents' death. Consortium is strictly designated for marital relationships rather than parent- child.
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7 ADVANCED CASE STUDY Support 3: Per the Code, Section 61 lists the following: Profits from real estate transactions; Interest; Rents; Dividends; Royalties; Annuities; Income from endowment and life insurance policies; Pensions; Income from debt repayment; distributive portion of gross partnership income; income from a trust or estate interest, as well as income pertaining to a deceased person (Institute & Income, n.d.) . Therefore, under these items, everything Amy inherited must be included in the gross income, unless there are exemptions. Also, under section 104, punitive damages were awarded to May since her sister died in a car accident (Institute, Compensation for injuries or sickness) . Punitive damages are not excludable unless under one exception: wrongful death. Depending upon where the clients live, state laws outline punitive damages as excludable should they derive from a wrongful death suit. Therefore, the punitive damages are not included in the gross income. Additionally, section 104(c)(1-2) states that the phrase "(other than punitive damages)" will not apply to punitive damages awarded in a civil action, which is a wrongful death action, and for which applicable State law either provides, or has been construed by a court to provide, as of September 13, 1995, and without regard to any modification after such date (Institute, Compensation for injuries or sickness) . Support 4: A trust is a legal document that grants you, someone else, or an organization the authority to hold and manage your assets for your personal gain or the benefit of another individual. A trust can be used for a variety of things, such as charitable giving, tax planning, estate planning, and medical planning (Trusts, n.d.) .Since Amy is a minor, May should assess the type of trust for her niece. There are two types: revocable and irrevocable trust, which have pros and cons that May should determine for her niece’s best interest. Revocable trusts prevent capital gains taxes until the assets are sold and retain ownership of the assets in the grantor's hands. But after the owner passes away, the revocable trust's assets might be liable to estate taxes. Given Amy's young age and the fact that a trust was not established before the passing of Amy's parents, it might be preferable to create a revocable trust. Therefore, she may have more time to decide on her inherited assets. An irrevocable trust is the opposite of a revocable trust since it transfers the property out of the owner's possession and cannot be undone. Once the asset transitions into an irrevocable trust, a capital gain is imposed but the property is not tax liable to the estate tax (Deperiso) . Once May establishes Amy’s trust, Aunt May serves as the grantor to file an annual tax return since Amy is a minor. This return should include the earned income for the taxable year, also if May finds any imposed taxes that need to be paid, she is responsible for the payment. Finally, the trust is not responsible for any deficiencies with the fault being placed upon May.