Life and Death Planning for Retirement Benefits

Biliography

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Boyle, F.L., and Blattmachr, J.G., Blattmachr on Income Taxation of Estates and Trusts , 15th Ed. (2007), Practicing Law Institute, 810 Seventh Ave., New York, NY 10019, http://www.pli.edu (cited in this book as “ Blattmachr ”). ★ Ferguson, M. Carr, Freeland, James L., and Ascher, Mark L., Federal Income Taxation of Estates, Trusts, & Beneficiaries, CCH/Wolters Kluwer (3rd Ed. 1999–2010). Zaritsky, H. and Lane, N., Federal Income Taxation of Estates and Trusts , (“Checkpoint” On-line Edition, updated through May 2010; Warren, Gorham & Lamont) (cited as “ Zaritsky ”). Books: The Harvard Manual on Tax Aspects of Charitable Giving , by the late David M. Donaldson, Esq., Carolyn M. Osteen, Esq., et al.(8th edition, 1999) is a magnificent summary of charitable giving techniques, with citations, written from the point of view of counsel for the charitable donee. The Harvard University Office of Planned Giving, Cambridge, MA 02138, 800-446-1277 (donation of $105). Conrad Teitell, Esq., is one of the country’s top experts in the tax law of charitable giving, and fortunately for the rest of us he is also a prolific author and superb public speaker. For access to his books, newsletters, and seminars, visit http://www.taxwisegiving.com . Articles and seminar outlines: Babitz, M.S., et al., “The IRA Double Tax Trap: The Private Foundation Solution,” 29 Estate Planning 8 (Aug. 2002), p. 411. Blattmachr, J.G., “Income in Respect of a Decedent,” 12 Probate Notes 47 (1986). This excellent article discusses numerous strategies for reducing taxes on retirement benefits and other IRD, including charitable dispositions. Burke, F.M., “Why Not Allow Lifetime Charitable Assignments of Qualified Plans and IRAs?” Tax Notes 7/7/97. ★ Finestone, William, “Charitable Gift Annuities,” 29 ACTEC Journal 37 (Vol. 29, No. 1), Summer 2003. Excellent explanation of charitable gift annuities, including what is known about funding them with retirement benefits. Hoyt, C.R., “Solution for Estates Overloaded with Retirement Plan Accounts: the Credit Shelter CRUT,” 141 Trusts & Estates 5 (May 2002), p. 21. Hoyt, C.R., “Stretch This: Using a CRT to help heirs of employees of companies that liquidate retirement accounts at death,” 145 Trusts & Estates (Feb. 2006), p. 50. Mulcahy, T.W., “Is a Bequest of a Retirement Account to a Private Foundation Subject to Excise Tax?,” Journal of Taxation , August 1996. Newlin, Charles F., “Coping With the Complexity of Separate Shares Under the Final Regs.,” Estate Planning, July 2000 (Vol. 27, No. 6, p. 243). Shumaker, R.L., and Riley, M.G., “Strategies for Transferring Retirement Plan Death Benefits to Charity,” 19 ACTEC Journal, no. 3, p. 162 (1993), and follow-up comments published in 20 ACTEC Journal, p. 22 (1994). Compares the economic effects of various ways of funding a $1 million charitable gift from a $4 million estate, including the use of retirement benefits. Shumaker, R.L. (with Riley, M.G.), “Charitable Deduction Planning with Retirement Benefits and IRAs: What Can Be Done and How Do We Do It?,” American Bar Association Section of Real Property, Probate and Trust Law meeting outline, August 1995. Chapter 7: Charitable Giving with Retirement Benefits