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Is there any estate tax advantage?

 

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Subject Author Date
Is there any estate tax advantage? Ted 04-24-2006
Posted by Ted on April 24, 2006, 11:14 am
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If a man owns valuable stock in a Personal Holding Corp with
a near zero basis, he can save estate tax if his children
inherit the stock, compared to liquidating the company and
having them inherit the proceeds. Right?

But if his wife is the only heir, it won't matter one way or
the other, since there is no estate tax either way. Her
basis will be the same as his. Is that correct? (it will
affect her estate, but that is not the question...)

thanks.

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Posted by Stuart A. Bronstein on April 24, 2006, 3:14 pm
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> If a man owns valuable stock in a Personal Holding Corp with
> a near zero basis, he can save estate tax if his children
> inherit the stock, compared to liquidating the company and
> having them inherit the proceeds. Right?
>
> But if his wife is the only heir, it won't matter one way or
> the other, since there is no estate tax either way. Her
> basis will be the same as his. Is that correct? (it will
> affect her estate, but that is not the question...)

First, it depends on whether or not they live in a community
property state, and whether the stock is considered the
husband's sole and separate property or the wife has some
legal interest in it.

In short, the wife gets a stepped up basis in the stock to
the extent it belonged to the husband, or all if it's
community property.

Stu

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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