Giarmarco, Mullins & Horton, P.C.

We are pleased to provide this archive of our Quarterly Newsletters. Each newsletter contains several articles concerning estate planning, business succession planning and charitable planning topics.

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CIRCULAR 230 DISCLAIMER: THESE MATERIALS ARE NOT INTENDED OR WRITTEN BY THE VARIOUS AUTHORS OR GIARMARCO, MULLINS & HORTON, P.C., TO BE USED, AND THEY CANNOT BE USED BY YOU (OR ANY OTHER TAXPAYER) FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED ON YOU (OR ANY OTHER TAXPAYER) UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.

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Spring 2011

The iCRUT
Michigan Supreme Court Slams the Door on Uncapping Property Tax Avoidance Technique
Valuation Discounts: Easier to Obtain for Estate Taxes than Gift Taxes?

Winter 2011

Estate Planning Opportunities Under the Tax Relief Act of 2010.

Fall 2010

2010 Stretch-Out Trusts: Good for Clients. Good for Advisors.
Charitable Giving Ideas for Roth IRA Converters
Long-Term Care Riders Inside an ILIT

Summer 2010

2010 Health Care Reconciliation Act and New Medicare Tax – Planning Strategies Before 2013
Asset Protection Planning for the Elderly
Beneficiary Defective Irrevocable Trusts

Spring 2010

“Switching” ILITs
Avoiding the Three Year Life Insurance Transfer Rule
Gifting of LLC or FLP Interests to Family Members – Timing is Everything

Winter 2010

What Is Your Retirement Plan Really Worth?
Succession Planning With Bite
Book Review - A Practical Guide to Estate Planning for a Family with a Special Needs Child

Fall 2009

Disclaimer Trusts
The Reverse Mortgage Solution

Summer 2009

Deferred Annuity Trusts
Obama Administration’s 2010 Revenue Proposals Affecting Taxation of Life Insurance and Estates and Gifts
New FDIC Insurance Rules for Living Trust Bank Accounts

Spring 2009

Spousal Lifetime Access Trusts
Two New STOLI Cases
Using a VUL Policy in Place of a Roth IRA or Section 529 Plan

Winter 2009

Worker, Retiree, and Employer Recovery Act of 2008 - Suspension of Required Minimum Distributions and Planning Opportunities
How to Transfer a Mortgaged Residence to a QPRT

Fall 2008

Special Needs Trusts and Inherited IRAs
Nonqualified Deferred Compensation Plans for Family Businesses
When Should a CRT Be Named a Retirement Plan Beneficiary?
Income in Respect of a Decedent – Dodging the Double Tax

Summer 2008

Trust-Owned Annuities
FDIC Insurance for Living Trust Bank Accounts
The No-Sell/Buy-Sell Arrangement

Spring 2008

Holding Personal Residences in Trusts
Transferring Custodial Accounts to a Section 529 Plan
Gift-Splitting to ILIT Where the Grantor’s Spouse is a Beneficiary

Winter 2008

Long-Term Care Insurance
Special Needs Trusts and Long-Term Care Planning
New ILIT Book Available

Fall 2007

Investing QTIP Assets in a Family LLC
Life Insurance LLC Helps to Fund Buy Sell Agreements
Income Tax Consequences of Charging Orders
Medicaid Estate Recovery Program Passed by the Michigan Legislature

Summer 2007

Proposed Regs on Impact of Post-Death Events
Asset Protection of Single Member LLCs
Estate Planning with Non-Qualified Deferred Annuities
Conservation Easement on Lake Michigan Property Qualifies for Charitable Deduction

Spring 2007

Proposed Regs Eliminate Deferral for Private Annuity Transactions
Designing Charitable Gifts
New Ruling on Extension to Pay Estate Taxes for Real Estate

Winter 2007

Impact of the Pension Protection Act of 2006 on Buy-Sell Agreements and Non-Qualified Deferred Compensation Plans
New Michigan Law Imposes Restrictions on the Sale of Annuities
Miscellaneous Charitable Gifting Tips
Consider Naming a Trust as the Successor Owner of a Section 529 Account

Fall 2006

Section 529 Plans More Beneficial Than Ever
Using a Credit Shelter Trust to Own a Combo Life and LTC Policy
Congress Passes “Limited” IRA Charitable Rollover
$2 Trillion in Adjustable Rates to Reset in Next 20 Months
Summary of New COLI Rules

Summer 2006

It’s Time to Revisit Disclaimer Trusts
Sale of Second-to-Die Policy to Insureds From Profit Sharing Plan is Not a Prohibited Transaction
New IRC Section 409A Requires Action This Year for Non-Qualified Deferred Compensation Plans
Estate Tax Cut Dies For Now

Spring 2006

Don’t Forget the GRIT
Charitable Remainder “Scholarship” Trusts
Insurable Interests and Irrevocable Trusts After Fourth Circuit’s Reversal of Chawla
Deficit Reduction Act of 2005 Increases Need for Long-Term Care Insurance

Winter 2006

How to Structure FLPs and FLLCs After Strangi
Managing the Liability of an ILIT Trustee with Flexible Premium Policies
Program Related Investments

Fall 2005

Private Annuity Trusts
Final Regulations Issued Regarding Valuation of Life Insurance
Planning for Contributions to Foreign Charities to Individuals and Foundations
Policy Change Impacts Medicaid Annuities

Summer 2005

New PLR Provides Another Way to “Switch” ILITs
New PLR Makes Purchasing Life Insurance in Credit Shelter Trusts Easier
The Foundation Center Releases Data on Family Foundations
Estate of Schutt - Another Favorable IRC Section 2036 Case

Spring 2005

Estate of Bongard: Another IRS §2036 Victory
HEETs
A Must Read New Book on Marital Deduction Planning
U.S. Supreme Court Rules that IRAs are Protected from Creditors
Charites: A Primer, Part IV

Winter 2005

Estate Tax Repeal - 58 Senate Votes and Counting
The Amercan Jobs Creation Act of 2004 Toughens the Rules Governing Nonqualified Deferred Compensation Arrangements
Trust Owned Annuities
Charities: A Primer, Part III

Fall 2004

“Switching “ ILITS
Opportunities Exist in Making Family Loans
Time to Revisit Marital Deduction Formulas
Charities: A Primer, Part II
Is the Death Tax Really Dead?

Summer 2004

Favorable Family Partnership Ruling From Fifth Circuit
Bankruptcy Court Holds That Chapter 7 Filing Terminates Entireties Ownership Status
IRS Rules in Favor of Grantor Trusts
Charities: A Primer, Part I
IRS Holds Public Hearing Regarding Its Proposed Regulations on the Valuation of Life Insurance Contracts

Spring 2004

IRS Proposes New Rules for Valuing Life Insurance Policies
Poorer Spouse Funding of Credit Shelter Trusts
A Simple Charitable Strategy Re-Visited
Preparing for Impaired Capacity
Granholm Would Resurrect Michigan’s Death Tax

Winter 2004

How to Properly Structure the New Collateral Assignment Split Dollar Loans
The Skinny on SCINs
Eligibility for SSI and Medicaid: Planning to Protect Personal Injury Awards
Partial Interest Gifts

Fall 2003

Strangi Case Requires Review of All Discount Partnerships
IRS Challenges Sale to Defective Trust
New Dividend Tax Cut May Provide Planning Opportunity For Assets “Trapped” Inside C Corporations
Selling S Corporations With CRTs

Summer 2003

GRATs, IDITs or Private Annuities: Which One Is Best For Your Clients?
President Signs the Job and Growth Tax Relief Reconciliation Act of 2003
“Under Water” Split Dollar Plans
Selling S Corporations with CRTs - Part III

Spring 2003

Accountants, Attorneys or Financial Planners: Who Is Responsible For Complying With The New Split Dollar Rules?
Sixth Circuit Upholds SCIN
Money In Your Pocket For Many Who Cash In Variable Annuities
IRS Successfully Uses IRC Section 2036(a) to Attack Discount Partnerships
Selling S Corporation Stock with CRTs - Part II
Senate Passes CARE Bill

Winter 2003

A CRUT May Be Better Than a Stretch IRA for Second Marriages
Split Dollar Safe Harbors
Hackl Decision Likely to Require Amendments to Family Partnership and LLC Agreements
Selling S Corps With CRTs

Fall 2002

How to Properly Fund a Buy-Sell Agreement
Joint Settlor Trusts
Tax Planning for Large Retirement Plans
Automatic Allocation of GST Exemption May Create Problems for Many ILITs

Summer 2002

Creative Ways to Fund an Irrevocable Life Insurance Trust
Recent Developments

Spring 2002

Funding Credit Shelter Trusts with Retirement Benefits
Transfer Tax Tips
Funding Credit Shelter Trusts with Life Insurance
Funding Credit Shelter Trusts with Variable Annuities

Winter 2002

Life Insurance vs. Section 529 Plans
Gift or Sale of GRAT Remainder to Dynasty Trust
Recent Developments
Simple Charitable Estate Planning Techniques That Are Not Used Enough

Fall 2001

Estate Planning Under The New Tax Act
Tax Planning Strategies for Divorcing Shareholders
Recent Developments
Hybrid 529 Plans Can Improve Returns Over UTMA/UGMA

Summer 2001

Estate Tax Repealed? Don’t Bet On It!
Recent Developments
Lower AFR Improves Gift Trust Results
Combining ILITs, Split Dollar and QPRTs

Spring 2001

IRS Simplifies Required Minimum Distribution Rules
Recent Developments
Family LLC Funding Checklist
Charitable Potpourri

Winter 2001

Clients Should Not Postpone Estate Planning
Combining QTIPs and CRTs
Recent Developments
IRS Loses Two More Family Limited Partnership Cases
Michigan Education Savings Program

Fall 2000

Charitable Planning with Retirement Plans
Combining Nonqualified Deferred Compensation and Split Dollar
Current Developments
Preplanning for Long-Term Health Care

Summer 2000

Business Planning for Second Marriages: QTIP or QTRAP?
Using a CRT to Make Net Unrealized Appreciation Go Away
Using a Credit Shelter Trust to Purchase Life Insurance
IRS Loses Important Valuation Decisions

Spring 2000

The Survivorship Spousal ILIT
Clinton Administration Fiscal Year 2001 Budget Proposals Impact Estate Planners
Qualified State Tuition Programs
The Investment Company Rules

Winter 2000

The Family Incentive Trust
Recent Developments
Using a Combination Option/Charitable Lead Trust to Pass on the Family Business
The Beneficiary Controlled Trust - Better Than an Outright Gift

Fall 1999

The Five Levels of Charitable Planning
Florida Intangibles Tax
Charitable Buy-Sells
Funding a Family Trust with Retirement Plan Benefits

Summer 1999

A Better Way to Pass Annuities at Death
Recent Developments
Funding LLC's: Planners Beware
Revaluation of Gifts

Spring 1999

Family Buy-Sell Agreements: Avoiding the Triple Tax Traps
Results of Family Business Survey
Charitable Potpourri
Business Valuations: A Primer

Fall 1998

Seeking Refuge From Creditors Through Life Insurance Contracts - Does It Work?
IRS Releases TAM Holding NIMCRUT’s Purchase of Deferred Annuity is Not Self-Dealing
Discounts Allowed for the Unrealized Gain of Gifts of Appreciated Stock
The Strategic Use Of Immediate Annuities In Medicaid Planning
IRS Restructuring and Reform Act Changes Qualified Family Owned Business Exclusion to a Deduction
Charitable Giving Through Life Insurance

Summer 1998