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Estate & Gift Taxation Committee

Overview

The Estate and Gift Taxation Committee addresses issues pertaining to estate and gift tax law. The Committee also organizes and hosts the Mortimer H. Hess Lecture which covers topics related to the law of trusts, estates, and taxation.
Chairs
- David E. Stutzman
  Email David E. Stutzman
Reports
- Support for Legislation to Improve Credit Shelter Bequests (May 31, 2019)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax Rate
- Comments on Proposed Changes to IRS Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien (February 27, 2017)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Proposed Amendments to New York’s Estates, Powers and Trusts Law Regarding the Interpretation of Credit Shelter Bequests in Testamentary Documents (February 03, 2017)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax Rate
- Report on proposed regulations under sections 2701 and 2704 of Internal Revenue Code re: valuation of interests in family-owned entities for estate, gift and generation-skipping transfer tax purposes (November 02, 2016)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Report on Proposed Regulations under IRC Sections 1014(f) and 6035 Concerning Consistent Basis Reporting Between Decedents’ Estates and Persons Acquiring Property from a Decedent (June 02, 2016)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Comments to Proposed Regulations (IRS-REG-112997-10) Guidance under Section 2801 Regarding the Imposition of Tax on Certain Gifts and Bequests from Covered Expatriates (April 26, 2016)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Trusts Estate and Gift Taxation
- Response to NYS Department of Taxation & Finance Technical Memorandum addressing the treatment, for NYS estate tax purposes, of certain deductions allowable under Federal law for funeral and estate administration expenses (April 21, 2016)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Proposals to reform New York State's Estate Tax (March 10, 2016)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Memorandum in Response to NYS Department of Taxation and Finance Advisory Opinion relating to single-member limited liability companies and New York's Estate Tax (December 10, 2015)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Report on Legislation to change the New York estate tax regime to eliminate the estate tax "cliff" (June 24, 2015)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax Rate
- Report on Proposed reforms to the New York State Estate Tax (March 16, 2015)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Memorandum concerning certain aspects of the 2014-15 NYS Executive Budget related to trusts and estates (March 07, 2014)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Budget - NYS Executive
- Report on certain aspects of the final report of the NYS Tax Reform and Fairness Commission dated November 2013 and the final report of the NYS Tax Relief Commission dated December 2013 (January 01, 2014)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax
- Report on A.6556-A/S.4851-A which would simplify the procedure for obtaining a marital deduction for a disposition to a non-US citizen surviving spouse where no federal estate tax return is required (Reissued May 2013) (May 01, 2013)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Qualified Domestic Trusts
- The Remarkable Power of Appointment Device: Planning and Drafting Considerations (January 01, 2013)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Power of Appointment
- Letter to the IRS commenting on propose regulations which pertain to the required reporting of foreign financial assets on Form 8938 (November 01, 2012)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Foreign Trusts
- Comments to the IRS regarding the Proposed and Temporary Regulations on the Portability of the Deceased Spousal Unused Exclusion Amount (September 01, 2012)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Deceased Spousal Unused Exclusion Amount (DSUEA)
- Letter to the IRS on Notice 2011-101 which requests comments on the income, gift, estate and generation-skipping transfer tax issues and consequences arising from a transfer by a trustee of all or a portion of the principal of an irrevocable trust to another irrevocable trust (April 01, 2012)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Decanting
- Letter to the IRS commenting on Notice 2011-82 which concerns estate planning techniques for the creation of trusts upon the death of the first spouse to die (November 01, 2011)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Deceased Spousal Unused Exclusion Amount (DSUEA)
- Report on A.8297-A/S.5801 which would permit a trustee to pay over the principal of a trust to a new trust even if the trustee does not have absolute or unlimited discretion to invade the principal of the trust (June 01, 2011)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Invading Trust Principal
- Letter to the IRS commenting on Foreign Account Tax Compliance under the Hiring Incentives to Restore Employment Act of 2010 as it relates to trusts and trust beneficiaries (June 01, 2011)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Foreign Trusts
- Memorandum in Support of Marriage Equality (June 01, 2011)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Same-Sex Marriage
- Report regarding A.7729/S.5519 which would modify Section 2-1.13 of the Estates Powers and Trusts Law (May 01, 2011)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Generation-Skipping Transfer Tax Laws
- Letter to Congress regarding The Equal Access to Tax Planning Act of 2011 (S.139) and Section 14 of The Patent Reform Act of 2011 (S.23) (April 01, 2011)
  
  Author(s): Personal Income Taxation Committee Estate & Gift Taxation Committee Taxation of Business Entities Committee
  
  Subject Area(s): Tax Patents
- Report on modifications to Section 2-1.13 of the Estates Powers and Trusts Law (March 01, 2011)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Generation-Skipping Transfer Tax Laws
- Supplemental Report on A.9857-C/S.8056 Regarding Unused Generation-skipping Transfer (GST) Tax Exemption After Federal Estate and GST Tax Repeal in 2010 (July 2010) (July 01, 2010)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Generation-Skipping Transfer Tax Laws
- Hess Lecture: Rationalizing the State Income Taxation of Trusts - Chasing Quill Feathers in the Wind (May 10, 2010)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Trusts, State Taxation of
- Proposed Amendments to Section 10-6.6(B) of the EPTL and Restatement of the Statute as Section 10.6.6(A) (May 01, 2010)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Trustees, Role of
- Report on A.9857-C/S.8056 regarding unused generation-skipping transfer (GST) tax exemption after federal estate and GST tax repeal in 2010 (Reissued June 2010) (May 01, 2010)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Generation-Skipping Transfer Tax Laws
- Letter on budget bill A.9710-A/S.6610-A which would amend NY Tax Law § 951(a) in relation to the amount of the unified credit against the estate tax (March 01, 2010)
  
  Author(s): Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Estate Tax Budget - NYS Executive
- Letter to Congress regarding reinstating the state death tax credit at the federal level (May 01, 2009)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Death Tax
- Letter to the IRS providing comments on the proposed revenue ruling regarding the estate, gift, generation-skipping transfer and income tax issues that are associated with the establishment and administration of trust companies that are family-owned or controlled (private trust companies) (November 01, 2008)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Private Trust Companies
- Letter to the IRS commenting on Proposed Treas. Reg. Section 1.67-4 & Notice 2008-32 which addresses the exception to the 2% of adjusted gross income floor on miscellaneous itemized deductions for certain costs that are paid or incurred in connection with the administration of an estate or a trust and requests comments concerning certain aspects of the Proposed Regulations, including the use of safe harbors and reasonable estimates by fiduciaries for unbundling fiduciary fees (June 01, 2008)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Fiduciary Fees
- Letter to the IRS highlighting inconsistencies in two recently issued Private Letter Rulings which set forth the calculation method of the income interest upon early termination of a net income with makeup charitable remainder unitrust (NIMCRUT) (May 01, 2008)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Charitable Remainder Trust
- Letter to the IRS commenting on the proposed Treasury Regulation 1.67-4 (December 01, 2007)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Trusts and Estates, Administration of
- Letter to the IRS Commenting on Gift Tax Consequences of Trust Employing Distribution Committee (October 01, 2007)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Private Letter Rulings
- Follow-up letter to the US Senate Committee on Finance regarding the Committees December 2006 report on certain provision of the Pension Protection Act of 2006 relating to charitable gifts (June 01, 2007)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Charitable gifts
- Report commenting on certain provisions of the Pension Protection Act of 2006 relating to charitable gifts of fractional interests in tangible personal property (December 01, 2006)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Charitable gifts
- Comments on Revenue Procedure 2005-24 which provides a safe harbor rule pursuant to which a spousal right of election will be disregarded for purposes of determining whether a charitable remainder annuity trust ("CRAT") or a charitable remainder unitrust ("CRUT") meets the requirements of Internal Revenue Code 664(d)(1)(B) or (d)(2)(B), respectively, from the trust's inception (July 01, 2005)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Charitable Remainder Trust
- Supplemental Comments on IRS Circular 230 (which governs practice before the IRS) (June 01, 2005)
  
  Author(s): Personal Income Taxation Committee Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee
  
  Subject Area(s): Taxation
- Comments on IRS Circular 230 (which governs practice before the IRS) (May 01, 2005)
  
  Author(s): Personal Income Taxation Committee Trusts, Estates & Surrogate's Courts Committee Estate & Gift Taxation Committee Taxation of Business Entities Committee
  
  Subject Area(s): Taxation - Rules of Practice
- Memorandum in support of S.3441 (April 01, 2005)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Trusts Estate and Gift Taxation
- Letter to the IRS Commenting on Proposed Regulations Revising the Definition of Income Under Section 643(b) (February 01, 2003)
  
  Author(s): Estate & Gift Taxation Committee
  
  Subject Area(s): Taxation

Estate & Gift Taxation Committee

The Estate and Gift Taxation Committee addresses issues pertaining to estate and gift tax law. The Committee also organizes and hosts the Mortimer H. Hess Lecture which covers topics related to the law of trusts, estates, and taxation.

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Estate & Gift Taxation Committee

Estate & Gift Taxation Committee

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