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	<title>Estate Tax Lawyer &#187; family business success</title>
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	<link>http://www.taxsecretsofthewealthy.com/blog</link>
	<description>Free estate planning advice!</description>
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		<title>Yes, you can beat the estate tax, legally, and easily</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/yes-you-can-beat-the-estate-tax%e2%80%a6-legally-and-easily/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/yes-you-can-beat-the-estate-tax%e2%80%a6-legally-and-easily/#comments</comments>
		<pubDate>Sat, 30 May 2009 19:39:25 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Corporate Tax]]></category>
		<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[estate planning]]></category>
		<category><![CDATA[family business success]]></category>
		<category><![CDATA[income tax]]></category>
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		<category><![CDATA[IRS]]></category>
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		<category><![CDATA[tax disaster]]></category>
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		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=525</guid>
		<description><![CDATA[If you use the right tax tools and techniques together with the right professionals (lawyer, insurance consultant, and CPA), you can and will develop a plan to beat the IRS. [...]]]></description>
			<content:encoded><![CDATA[<p>If you use the right tax tools and techniques together with the right professionals (<a href="http://www.taxsecretsofthewealthy.com/blog/contact-irv-blackman/">lawyer, insurance consultant, and CPA</a>), you can and will develop a plan to beat the IRS. Every time. And legally.<br />
Unfortunately, the goal of the typical estate planner is to reduce estate taxes. Our goal is always the same: eliminate the robber-like estate tax.<br />
There are three types of readers of this column that call me for help: The reader who (1) has an estate plan but needs a second opinion, (2) has no plan, or (3) has been working on a plan for years and just can’t seem to get it done. Which type are you?&#8230;. Write your answer here ____________.<br />
You might be interested in knowing that no matter which type you are, you have lots of company. Here are the percentages: (1) need a second opinion – 55%; (2) no plan – 15%; (3) working on a plan, can’t get it done – 30%.<br />
Following is a real-life, second-opinion plan that should help you no matter which category you happen to be in: A 61-year old from Ohio, who winters in Florida, (let’s call him Joe) falls into the first opinion category. Joe’s letter says in part: “I… enclosed all the information… you asked for. My current plan [it was two short wills and two long revocable trusts. One of each for Joe: the others for his wife Mary] looks good… but somehow I don’t feel comfortable… So request… a second opinion.”<br />
Joe and Mary turned out to be a very interesting case, yet, sadly and as is often the case, contains some common estate plan errors. Sure, their documents – wills and trusts – were near perfect. Problem is they just didn’t work. Let’s see why.	Joe and Mary are worth just over $8 million, plus Joe has a number of <strong>life insurance policies</strong> totaling $2.7 million on his life that name Mary as the beneficiary. The $8 million includes $1.9 million in Joe’s rollover IRA with Mary as beneficiary. The balance of the assets ($6.1 million) – Joe’s business, their Ohio and Florida residences, some rental real estate and other investments – are all held in joint tenancy by Joe and Mary.<br />
	The wills and  trusts – 46 pages in total – were designed by a large law firm to pass Joe’s and Mary’s assets in a highly organized plan, first to the survivor of Joe and Mary and then to their  children and grandchildren. Because Joe is 4 years older than Mary (and females outlive males by about 4 years), it was assumed that Joe would pass on first.<br />
	Okay, suppose Joe goes to heaven first in 2009. Everything, and we mean everything (because of the joint tenancy) would go directly to Mary. Joe’s trust would get nothing and be a worthless stack of papers. Mary would get her $2.7 million in insurance. For the same reason – named beneficiary – Mary gets the $1.9 million in the IRA. What about the other assets – worth $6.1 million? All to Mary immediately. Let me repeat: because property held in joint tenancy goes to the survivor.<br />
	It should be pointed out that if Mary had died the day after Joe, the tax bite would have exceeded $3.1 million (using current 2009 estate tax rates, top rate of 45%) on the $10.7 million now owned by Mary. Their kids would net only about $7.6 million.<br />
	What’s the lesson to be learned from this second opinion story: a will and a revocable trust – no matter how terrific – standing alone can never be a complete estate plan.<br />
	We used a number of strategies to change Joe’s and Mary’s estate plan: (1) a qualified personal residence trust for the residences, (2) an intentionally defective trust to transfer Joe’s business to the kids…Tax-free, (3) an irrevocable trust for the insurance, (4) retirement plan rescue for the IRA to pay for the additional life insurance needed, (5) a family limited partnership<br />
to hold the balance (real estate and investments) of their assets, and (6) an organized future-gift-giving program to their children and grandchildren. With minor changes, the original wills and trust were left alone.<br />
Important Note: I predict that Congress will (before December 31, 2009), amend the estate tax law to make the first $3.5 million of your taxable estate tax-free. So for a married couple, $7 million can escape the estate tax monster.<br />
	After the above strategies and completed plans are put in place, if Joe and Mary get hit by the same bus, the kids would net, after taxes, about $11.2 million (includes the additional life insurance in strategy (4) above). The longer Joe and Mary live, as the future-gifting program – over time – is implemented, the more tax-free dollars will be transferred to the kids.<br />
If you would like a second opinion on your current estate plan, please send the following information:<br />
1.	For Your Business. Your last year-end financial statement (all pages).<br />
2.	Personal. A current personal financial statement for you and your spouse.<br />
3.	A family tree. Your name and birthday. Same for your spouse, children, children’s spouses and your grandchildren.<br />
4.	Documents. Hold them for now. We will request them at a later date.<br />
5.	All phone numbers where you can be reached: business, home, cell.<br />
Send to Irv Blackman, SECOND OPINION, 4545 W. Touhy Avenue, Lincolnwood, IL 60712. What’s our job?&#8230; To create the right plan for you, your family, and your business… and to coordinate and work with your professionals. If you have a question call Irv at 847-674-5295.<br />
Okay, that’s the plan. Let’s hear from you.</p>
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		<title>Most Estate Plans Enrich The IRS, Not Your Family</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/most-estate-plans-enrich-the-irs-not-your-family/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/most-estate-plans-enrich-the-irs-not-your-family/#comments</comments>
		<pubDate>Fri, 17 Apr 2009 15:24:04 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Tax Strategies]]></category>
		<category><![CDATA[c corporation]]></category>
		<category><![CDATA[discount chains]]></category>
		<category><![CDATA[family business success]]></category>
		<category><![CDATA[gizmo]]></category>
		<category><![CDATA[grandchildren]]></category>
		<category><![CDATA[insurance agent]]></category>
		<category><![CDATA[irrevocable life insurance trust]]></category>
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		<category><![CDATA[long time friend]]></category>
		<category><![CDATA[marital deduction]]></category>
		<category><![CDATA[personal property]]></category>
		<category><![CDATA[personal wealth]]></category>
		<category><![CDATA[professional team]]></category>
		<category><![CDATA[square footage]]></category>
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		<category><![CDATA[tax disaster]]></category>
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		<category><![CDATA[unnecessary dollars]]></category>
		<category><![CDATA[wife mary]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=417</guid>
		<description><![CDATA[While scanning the pages of one of the trade journals that carries this tax column, a headline for an ad intrigued me: “We install 90 percent of what we sell. [...]]]></description>
			<content:encoded><![CDATA[<p>While scanning the pages of one of the trade journals that carries this tax column, a headline for an ad intrigued me: “We install 90 percent of what we sell. That’s one big advantage we have over (names one of the biggest square-footage discount chains).”</p>
<p>Here’s the sad routine when the gizmo doesn’t work:</p>
<p>“The manufacturers,” pleads the installer.</p>
<p>“Improperly installed,” counters the manufacturer.</p>
<p>Ultimately — after some grief and unnecessary dollars —the gizmo is fixed and it works.</p>
<p>Now, there’s a game you don’t want to play with your estate plan. Try this real-life story of a tax disaster.</p>
<p>Joe died, survived by his wife Mary, four grown kids (one, Sam, managed Joe’s family business, Success Co.) and seven grandchildren. Success Co. was a C corporation. Aside from owning their residence (worth $800,000) and Success Co. (valued at $9.8 million at Joe’s death), Joe and Mary had $275,000 of spendable personal wealth. In addition, they owned various personal property and a nice summer home with a total value of $1.2 million.</p>
<p>About five years before he died, Joe had gathered a team of professionals to do his estate plan: his CPA, a lawyer who specialized in estate planning, and his long-time friend, an insurance agent.</p>
<p>The professionals crafted a great traditional estate plan: no tax due at Joe’s death (the 100 percent marital deduction) and enough insurance (second-to-die) to pay the projected estate tax at Mary’s death. An irrevocable life insurance trust owned the second-to-die policy on Joe’s and Mary’s lives. The estate plan probably would get an A-plus in the classroom.</p>
<p>But here are the unfortunate little lifetime details — told to me by Sam in an urgent phone call the professional team missed:</p>
<p>Mary, a healthy age 65, did not have a flow of income or enough spendable assets to maintain her lifestyle. Joe’s $500,000 salary, plus generous perks from Success Co., stopped when he died. Aside from the usual lifestyle cash needs, Mary needed $46,000 per year to pay the second-to-die insurance premium. Also, she wanted to continue providing the college education for four of her grandchildren( the other three had completed their education, which was paid for by Joe and Mary).</p>
<p>None of the professionals accepted responsibility for Mary’s lack of spendable income. Worse yet, they had no suggestions to solve the problem.</p>
<p>First, the solution to Mary’s immediate problem: The marital trust (created in Joe’s revocable trust as part of his estate plan) owned 85 percent of Success Co. (Mary owned the other 15 percent). We simply had the stockholders (the marital trust and Mary) elect S Corporation status for Success Co. The large corporate profit will easily provide the income stream-via S corporation dividends-she needs, as the beneficiary of the marital trust (85 percent) and as a direct owner (15 percent).</p>
<p>Now, what lesson should be learned from this sad tale?</p>
<p>The first lesson is that <a title="Plan Wisely To Accomplish Goals For Your Estate Before It's Too Late!" href="http://www.taxsecretsofthewealthy.com/blog/plan-wisely-to-accomplish-goals-for-your-estate-before-its-too-late/">estate planning</a> (as practiced all over the United States) is really death planning. Do the documents: a <a title="Complete Estate Plan Requires More Than Will And Revocable Trust" href="http://www.taxsecretsofthewealthy.com/blog/complete-estate-plan-requires-more-than-will-and-revocable-trust/">will and a trust</a> or two, put ’em in the vault, and wait to die.</p>
<p>Rather than rehash what should have been done for Joe and Mary, let’s get the first lesson up on the board — loud and clear.</p>
<p>Whether you call it estate planning, lifetime planning, <a title="Wealth Transfer Plan Should Target The Needs Of Each Generation" href="http://www.taxsecretsofthewealthy.com/blog/wealth-transfer-plan-should-target-needs-of-each-generation/">wealth transfer planning</a> or whatever, your master plan must include three separate plans: (1) a lifetime plan to transfer your wealth while you are alive (and, yes you can control your wealth for as long as you live); (2) a retirement plan that provides the after-tax cash flow needed to maintain your lifestyle for you and your spouse for as long as either one of you lives; and (3) a transfer/succession plan for your business. (Note: Not even one of these three was done by the typical traditional estate plan for Joe and Mary.)</p>
<p>If you have yet to do your master plan, make sure it includes the three plans listed above. If your master plan is done and does not include all three of the plans listed above, get a second opinion. And finally, make sure that the professionals who create your plan know in advance that they are responsible for all aspects; he who creates the plan should install it and monitor it to the day you (and your spouse) die.</p>
<p>Remember, just because your estate plan is done, does not mean it is done right. Wouldn’t you want your plan to be in the 10 percent that enriches your family, instead of the 90 percent with a plan that enriches the IRS?</p>
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		<title>Why Your Estate Tax Plan Often Flunks The Real-Life Test</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/why-your-estate-tax-plan-often-flunks-the-real-life-test/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/why-your-estate-tax-plan-often-flunks-the-real-life-test/#comments</comments>
		<pubDate>Wed, 15 Apr 2009 20:58:09 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[c corporation]]></category>
		<category><![CDATA[college education]]></category>
		<category><![CDATA[discount chains]]></category>
		<category><![CDATA[family business success]]></category>
		<category><![CDATA[grandchildren]]></category>
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		<category><![CDATA[insurance premium]]></category>
		<category><![CDATA[irrevocable life insurance trust]]></category>
		<category><![CDATA[jig]]></category>
		<category><![CDATA[life insurance trust]]></category>
		<category><![CDATA[marital deduction]]></category>
		<category><![CDATA[personal income]]></category>
		<category><![CDATA[personal property]]></category>
		<category><![CDATA[professional team]]></category>
		<category><![CDATA[second to die insurance]]></category>
		<category><![CDATA[total value]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=333</guid>
		<description><![CDATA[While thumbing through the pages of a trade journal, I ran across this quote, “We install 90 percent of what we sell. That’s one big advantage we have over (names [...]]]></description>
			<content:encoded><![CDATA[<p>While thumbing through the pages of a trade journal, I ran across this quote, “We install 90 percent of what we sell. That’s one big advantage we have over (names one of the biggest square-footage discount chains).”</p>
<p>You know the routine: the thing-a-ma-jig doesn’t work. “The manufacturer,” says the installer; “improperly installed,” counters the manufacturer.</p>
<p>Ultimately-after some grief and probably more dollars — and it works.</p>
<p>Now, there’s a game you don’t want to play with your estate plan. Try this real-life tax horror story.</p>
<p>Joe died, survived by his wife, Mary, three grown kids (one managed Joe’s family business, Success Co.) and seven grandchildren. Success Co. was a C corporation. Aside from owning their residence (worth $800,000) and Success Co. (valued at $10.3 million at Joe’s death), before Joe died, he and Mary enjoyed about $350,000 of after-tax spendable personal income. In addition, they owned various personal property and a nice summer home with a total value of over $1 million.</p>
<p>About five years before he died, Joe gathered a team of professionals to do his estate plan: his <a title="Contact Irv" href="http://www.taxsecretsofthewealthy.com/blog/contact-irv-blackman/">CPA</a>, a lawyer who specialized in estate planning and his long-time friend, an insurance agent.</p>
<p>The professionals crafted a good traditional estate plan: no tax due at Joe’s death (the marital deduction) and enough insurance (second-to-die) to pay the projected estate tax at Mary’s death. An irrevocable life insurance trust owned the second-to-die policy on Joe’s and Mary’s lives.</p>
<p>The estate plan probably would get an “A” in the classroom. But here’s the unfortunate big lifetime detail the professional team missed:</p>
<p>Mary, a healthy age 64, did not have enough cash flow to maintain her lifestyle. Joe’s $550,000 salary, plus generous perks from Success Co., stopped when he died.</p>
<p>Aside from the usual lifestyle cash needs, Mary needed $46,000 per year to pay the second-to-die insurance premium. Also, she wanted to continue providing for the college education of three of her grandchildren (the other five had completed their education paid for by Joe and Mary).</p>
<p>None of the professionals accepted responsibility for Mary’s lack of necessary spendable income. Worse yet, they had no suggestions to solve the problem.</p>
<p>First, the solution to Mary’s immediate problem: the cash flow to maintain her lifestyle. The marital trust (created in Joe’s revocable trust as part of his estate plan) owned 90 percent of Success Co. (Mary owned the other 10 percent). We simply had the stockholders (the marital trust and Mary) elect S Corporation status for Success Co.</p>
<p>Now the large corporate profit can provide the income stream Mary needs, as the beneficiary of the marital trust (90 percent) and as a direct owner (10 percent).</p>
<p>What lesson should be learned from this sad tale? The first lesson is that <a title="Plan To Accomplish Estate Goals" href="http://www.taxsecretsofthewealthy.com/blog/plan-wisely-to-accomplish-goals-for-your-estate-before-its-too-late/">estate planning</a> (as practiced all over the United States) is really death planning, put ’em in the vault and wait to die. Do the documents (a will and a trust or two).</p>
<p>Rather than rehash what should have been done for Joe and Mary, let’s get the first lesson up on the board — loud and clear.</p>
<p>Whether you call it estate planning, lifetime planning, <a title="hey kids, 'someday it will all be yourd'" href="http://www.taxsecretsofthewealthy.com/blog/hey-kids-someday-itll-all-be-yours/">wealth transfer planning</a> or whatever, your master plan must include three separate plans:</p>
<p>(1) a lifetime plan to transfer your wealth while you are alive (and, yes you can control your wealth for as long as you live);</p>
<p>(2) a retirement plan that provides the after-tax cash flow needed to maintain your lifestyle for you (and your spouse) for as long as you (or your spouse) live;</p>
<p>(3) a transfer/succession plan for your business (that gets the value of the business out of your estate tax-free) to your business kids (or other successor).</p>
<p>Whether your master plan is done or is yet to be done, make sure it includes the three plans listed above. And always get an independent second opinion.</p>
<p>Finally, make sure that the professionals who create your plan know in advance they are responsible for all aspects: he who creates the plan should install it and monitor it to the day you (and your spouse) die.</p>
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		<title>Retiring? How To Keep Getting Income From Your Business</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/retiring-how-to-keep-getting-income-from-your-business/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/retiring-how-to-keep-getting-income-from-your-business/#comments</comments>
		<pubDate>Mon, 13 Apr 2009 22:02:50 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Corporate Tax]]></category>
		<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[Family Tax Issues]]></category>
		<category><![CDATA[General Tax Strategies]]></category>
		<category><![CDATA[24 years]]></category>
		<category><![CDATA[c corporation]]></category>
		<category><![CDATA[college vacations]]></category>
		<category><![CDATA[compensation arrangement]]></category>
		<category><![CDATA[compensation practice]]></category>
		<category><![CDATA[dividend]]></category>
		<category><![CDATA[family business success]]></category>
		<category><![CDATA[good job]]></category>
		<category><![CDATA[income success]]></category>
		<category><![CDATA[IRS]]></category>
		<category><![CDATA[joe age]]></category>
		<category><![CDATA[months of the year]]></category>
		<category><![CDATA[salary issue]]></category>
		<category><![CDATA[second opinion]]></category>
		<category><![CDATA[success inc]]></category>
		<category><![CDATA[warm climate]]></category>
		<category><![CDATA[work time]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=309</guid>
		<description><![CDATA[Joe, a reader of this column, founded a family business, Success, Inc., that he headed for 24 years. His son, Bill, has been running the business for about six years. [...]]]></description>
			<content:encoded><![CDATA[<p>Joe, a reader of this column, founded a family business, Success, Inc., that he headed for 24 years. His son, Bill, has been running the business for about six years.</p>
<p>He&#8217;s doing a good job too. Joe, age 64, has cut back his work time to three to four hours a day for nine months of the year. The other three months are spent in a warm climate (mostly Florida) or traveling.</p>
<p>As Success grew over the years, Joe took only enough salary to maintain his family&#8217;s lifestyle. Simple put, profits were not taken out of Success, but reinvested. The business is still profitable, and it&#8217;s Joe&#8217;s only source of income. Success is a C corporation (tax paying).</p>
<p>In the past, Joe had taken a rather modest salary during the year, but he took a big bonus (when profits were available) to fund large family cash requirements (college, vacations, condo, etc.). His professionals had advised him to continue this compensation practice — the same salary and bonus arrangement — even though Joe was putting in about one-third of the time of prior years. Joe called me to get a second opinion.</p>
<p>The <a title="Intenal Revenue Service, IRS" href="http://irs.gov" target="_blank" class="broken_link">IRS</a> would probably attack Joe&#8217;s current compensation arrangement on two fronts: First, the bonus would be regarded as a dividend, because it&#8217;s not taken until after the end of the year when the amount of the profit could be determined; and second, the salary would be regarded as unreasonable (too high) compensation.</p>
<p>Would the IRS win? On the first attack, Joe and the business wouldn&#8217;t stand a chance. The IRS would win hands down with the result being a nondeductible dividend for Success, and a taxable dividend for Joe. Second, the IRS could probably knock out about half of Joe&#8217;s current salary as being too high for services actually rendered. Unfortunately the (unreasonable) salary issue is tough to pin down (when challenged by the IRS) with any certainty.</p>
<p>What should Joe do? He needs the current income to live. The answer is to kill the C corporation and elect S corporation status. This would automatically remove the unreasonable compensation problem. What about the bonus? As an S corporation, Joe could take a <a title="yes its ok to beat up the IRS, legally of course" href="http://www.taxsecretsofthewealthy.com/blog/yes-it%E2%80%99s-ok-to-beat-up-the-irs-%E2%80%94-legally-of-course/">tax-free</a> dividend from Success (up to the amount of S corporation profits). This means that Success&#8217; profits would only be taxed once when taken as an S corporation dividend, instead of twice, when taken from a C corporation as a dividend. A big tax saving! Better yet, the same trick will continue to work when Joe completely retires (take those delightful tax-free dividends).</p>
<p>One more thing: S corporation dividends (the economic equivalent of a bonus to Joe) are not subject to Social Security tax or other payroll taxes &#8230; another big tax saving. And here&#8217;s an extra bonus: Joe can collect Social Security benefits even if he continues to work for Success.</p>
<p>If you&#8217;re not tuned into the many advantages of electing S corporation status, you owe it to yourself to get the true tax facts. So, to be or not to be an S corporation? That is the question.</p>
<p>In practice, many factors can impact your decision. Still have doubts? Call Irv (417-9732) and I&#8217;ll walk you through to the right C or S decision.</p>
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		<title>Why Your Real Estate Plan Often Flunks The Real-Life Test</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/why-your-real-estate-plan-often-flunks-the-real-life-test/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/why-your-real-estate-plan-often-flunks-the-real-life-test/#comments</comments>
		<pubDate>Mon, 13 Apr 2009 21:27:38 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[General Tax Strategies]]></category>
		<category><![CDATA[General Tax Talk]]></category>
		<category><![CDATA[c corporation]]></category>
		<category><![CDATA[college education]]></category>
		<category><![CDATA[discount chains]]></category>
		<category><![CDATA[family business success]]></category>
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		<category><![CDATA[wife mary]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=290</guid>
		<description><![CDATA[While thumbing through the pages of a trade journal, I ran across this quote, &#8220;We install 90 percent of what we sell. That&#8217;s one big advantage we have over (names [...]]]></description>
			<content:encoded><![CDATA[<p>While thumbing through the pages of a trade journal, I ran across this quote, &#8220;We install 90 percent of what we sell. That&#8217;s one big advantage we have over (names one of the biggest square-footage discount chains).&#8221;</p>
<p>You know the routine: the thing-a-ma-jig doesn&#8217;t work.</p>
<p>&#8220;The manufacturer,&#8221; says the installer.</p>
<p>&#8220;Improperly installed,&#8221; counters the manufacturer.</p>
<p>Ultimately — after some grief and probably more dollars — it works.</p>
<p>Now, there&#8217;s a game you don&#8217;t want to play with your <a title="most estate plans enrich the irs, not your family" href="http://www.taxsecretsofthewealthy.com/blog/most-estate-plans-enrich-the-irs-not-your-family/">estate plan</a>. Try this real-life tax horror story.Joe died, survived by his wife Mary, three grown kids (one managed Joe&#8217;s family business, Success Co.) and seven grandchildren. Success Co. was a C corporation. Aside from owning their residence (worth $800,000) and Success Co. (valued at $10.3 million at Joe&#8217;s death), before Joe died, he and Mary enjoyed about $350,000 of after-tax spendable personal income.</p>
<p>In addition, they owned various <a title="want to get real estate out of your corporation, tax-free" href="http://www.taxsecretsofthewealthy.com/blog/want-to-get-real-estate-out-of-your-corporation-%E2%80%94-tax-free/">personal property</a> and a nice summer home with a total value of over $1 million.About five years before he died, Joe gathered a team of professionals to do his estate plan: his CPA, a lawyer who specialized in estate planning and his long-time friend, an insurance agent.</p>
<p>The professionals crafted a good traditional estate plan: no tax due at Joe&#8217;s death (the marital deduction) and enough insurance (second-to-die) to pay the projected estate tax at Mary&#8217;s death. An irrevocable life insurance trust owned the second-to-die policy on Joe&#8217;s and Mary&#8217;s lives.</p>
<p>The estate plan probably would get an &#8220;A&#8221; in the classroom.</p>
<p>But here&#8217;s the unfortunate big lifetime detail the professional team missed: Mary, a healthy age 64, did not have enough cash flow to maintain her lifestyle. Joe&#8217;s $550,000 salary, plus generous perks from Success Co., stopped when he died. Aside from the usual lifestyle cash needs, Mary needed $46,000 per year to pay the second-to-die insurance premium.</p>
<p>Also, she wanted to continue providing for the college education of three of her grandchildren (the other five had completed their education paid for by Joe and Mary).</p>
<p>None of the professionals accepted responsibility for Mary&#8217;s lack of necessary spendable income. Worse yet, they had no suggestions to solve the problem.First, the solution to Mary&#8217;s immediate problem: the cash flow to maintain her lifestyle. The marital trust (created in Joe&#8217;s revocable trust as part of his estate plan) owned 90 percent of Success Co. (Mary owned the other 10 percent). We simply had the stockholders (the marital trust and Mary) elect S Corporation status for Success Co. Now the large corporate profit can provide the income stream Mary needs, as the beneficiary of the marital trust (90 percent) and as a direct owner (10 percent).</p>
<p>What lesson should be learned from this sad tale?</p>
<p>The first lesson is that estate planning (as practiced all over the United States) is really death planning. Do the documents —<a title="Complete Estate Plan Requires More Than Will And Revocable Trust" href="http://www.taxsecretsofthewealthy.com/blog/complete-estate-plan-requires-more-than-will-and-revocable-trust/"> a will and a trust</a> or two, put &#8216;em in the vault, and wait to die.</p>
<p>Rather than rehash what should have been done for Joe and Mary, let&#8217;s get the first lesson up on the board — loud and clear:</p>
<p>Whether you call it estate planning, lifetime planning, <a title="hey kids, 'someday it will all be yourd'" href="http://www.taxsecretsofthewealthy.com/blog/hey-kids-someday-itll-all-be-yours/">wealth transfer planning</a> or whatever, your master plan must include three separate plans: (1) a lifetime plan to transfer your wealth while you are alive (and, yes you can control your wealth for as long as you live); (2) a retirement plan that provides the after-tax cash flow needed to maintain your lifestyle for you (and your spouse) for as long as you (or your spouse) live; and (3) a transfer/succession plan for your business (that gets the value of the business out of your estate tax-free) to your business kids (or other successor).</p>
<p>Whether your master plan is done or is yet to be done, make sure it includes the three plans listed above. And always — I mean always — get an independent second opinion. And finally, make sure that the professionals who create your plan know in advance that they are responsible for all aspects: he who creates the plan should install it and monitor it to the day the you (and your spouse) die.</p>
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		<title>A Big valuation victory For Our Side</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/a-big-valuation-victory-for-our-side/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/a-big-valuation-victory-for-our-side/#comments</comments>
		<pubDate>Mon, 13 Apr 2009 21:22:19 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[1 million]]></category>
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		<category><![CDATA[tax court decision]]></category>
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		<category><![CDATA[valuation discounts]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=287</guid>
		<description><![CDATA[I&#8217;d like to hug every judge who had a hand in this classic Tax Court decision: [Estate of Davis, 110 TC 35, 6/30/98]. Instead of giving all the dull facts [...]]]></description>
			<content:encoded><![CDATA[<p>I&#8217;d like to hug every judge who had a hand in this classic Tax Court decision: [Estate of Davis, 110 TC 35, 6/30/98]. Instead of giving all the dull facts and all the technical stuff in the case, this article deals with what the result means to you, the average business owner who someday must value your business for tax purposes.</p>
<p>You (Joe) operate your family business (Success Co.) as a corporation. The assets of Success Co. include a number of appreciated assets; for example, investments in stocks, land and buildings. Also many assets subject to deprecation — mostly equipment — are on the books for much less than their current value. Now suppose Success Co. is correctly valued at $5 million. The value of the various assets that Success Co. owes is $4 million, but has only a book value of $3 million. So, if Success Co. were to sell the assets or actually liquidated (neither Joe nor Success Co. intend to sell the assets or liquidate), there would be a $1 million profit. Say the tax (state and federal) on the profit would be $400,000. The question that faced the court was could the value of the corporation be reduced by $400,000 to $4.6 million? &#8220;Yes,&#8221; said the court, turning thumbs down on the IRS&#8217;s claim to ignore this built-in-gains discount (actually the potential tax due for an asset sale or corporate liquidation).</p>
<p>Applause! Applause! for the court. Think about it: That discount of $400,000 could save Joe about $210,000 in estate taxes.</p>
<p>As a practical matter, this case allows you to take three distinct valuation discounts: (1) a discount for lack of marketability; (2) discount for built-in gains of assets, even if you don&#8217;t intend to sell them or liquidate (technically a part of the marketability discount); and (3) a discount for minority interest if you are transferring 50 percent or less of your stock to one person (for example, Joe Gives 30 percent of his Success Co. stock to each of his two children). After these three discounts, a $5 million company may only be worth in the $3 million range for tax purposes. Or a $2 million discount, yielding estate tax savings of about $1.1 million. Truly a great victory!</p>
<p>Now a personal puff of pride for our office, which has a large valuation department. We have been taking similar discounts for built-in gains for years.</p>
<p>The right value of your business, whether transferring to your kids, for estate planning or for other purposes, is one of the most important tax-impact considerations in the law.</p>
<p>Do you have a business valuation problem — particularly if you want to transfer your business to another family member — that is driving you up the proverbial &#8220;tax wall?&#8221; Then you are welcome to call me (847-674-5295). Let&#8217;s chat about your exact situation.</p>
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		<title>Tax Secrets of the Wealthy: These M7 Strategies Are Simply Magnificent</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/tax-secrets-of-the-wealthy-these-m7-strategies-are-simply-magnificent/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/tax-secrets-of-the-wealthy-these-m7-strategies-are-simply-magnificent/#comments</comments>
		<pubDate>Wed, 01 Apr 2009 14:51:43 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[Family Tax Issues]]></category>
		<category><![CDATA[General Tax Strategies]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[Investment Strategies]]></category>
		<category><![CDATA[Planning]]></category>
		<category><![CDATA[Tax Strategies]]></category>
		<category><![CDATA[401 k]]></category>
		<category><![CDATA[family business success]]></category>
		<category><![CDATA[free life insurance]]></category>
		<category><![CDATA[investors]]></category>
		<category><![CDATA[IRA]]></category>
		<category><![CDATA[magnificent seven]]></category>
		<category><![CDATA[minimum investment]]></category>
		<category><![CDATA[nasdaq]]></category>
		<category><![CDATA[profit sharing]]></category>
		<category><![CDATA[rate of return]]></category>
		<category><![CDATA[recapitalization]]></category>
		<category><![CDATA[senior settlements]]></category>
		<category><![CDATA[subtrust]]></category>
		<category><![CDATA[transferable insurance policies]]></category>
		<category><![CDATA[voting stock]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=206</guid>
		<description><![CDATA[More than 90 percent of contacts with readers of this column are specific questions or concerns involving the &#8220;Magnificent Seven&#8221; (M7). What are the M7? Actually, they are seven separate [...]]]></description>
			<content:encoded><![CDATA[<p>More than 90 percent of contacts with readers of this column are specific questions or concerns involving the &#8220;Magnificent Seven&#8221; (M7). What are the M7?</p>
<p>Actually, they are seven separate strategies designed to answer the questions and at the same time to save huge amounts of <a title="Complete Estate Plan Requires More Than Will And Revocable Trust" href="http://www.taxsecretsofthewealthy.com/blog/?p=55">estate tax</a> or create huge amounts of wealth (usually <a title="Tax-Saver &amp; Creator of Tax-Free Wealth: Subtrust" href="http://www.taxsecretsofthewealthy.com/blog/?p=38">tax-free</a>).</p>
<p>Using just one M7 is fun. Two or more is party time.</p>
<p>So let&#8217;s visit with each M7 partygoer — first the specific questions, then the answer and the strategy (to eliminate any concerns). Remember: Each M7 you are about to meet represents a most popular strategy according to readers of my column in the past two years.</p>
<p>• <strong> M7 No. 1 — &#8220;How can I get my family business (Success Co.) out of my estate, transfer it to my kids yet keep control for life?&#8221; </strong></p>
<p>Create voting and non-voting stock, then transfer the non-voting stock to your <a title="Wealth Transfer Plan Should Target The Needs Of Each Generation" href="http://www.taxsecretsofthewealthy.com/blog/?p=40">business kids</a>. Also use these strategies: a recapitalization to create the non-voting stock and an intentionally defective trust to transfer the stock. The voting stock, which you keep, maintains your control. All the strategies are tax-free — to you, your kids and Success Co.</p>
<p>• <strong> M7 No. 2 — How can I earn large returns every year without risk?&#8221; </strong></p>
<p>Invest in<a title="Senior Settlements An Easy Way To Get High Rate Of Return!" href="http://www.taxsecretsofthewealthy.com/blog/?p=53"> senior settlements</a>/transferable insurance policies (TIPs). The average<a title="Why Invest In Life Settlements? High Return Is Only TIP Of Iceberg" href="http://www.taxsecretsofthewealthy.com/blog/?p=30"> TIP</a> rate of return per year is in the 12- to 14-percent range, available from a 14-year-old company that is public (on the <a title="The NASDAQ Stock Market - Official Site Of The NASDAQ Stock Market Featuring Free Stock Quotes, Stock Exchange Prices, Stock Market News" href="http://www.nasdaq.com" target="_blank">NASDAQ</a>). Minimum investment is $50,000 for qualified investors.</p>
<p>• <strong> M7 No. 3 — &#8220;How can I avoid the double tax (income and estate) that hits all qualified plans (like an IRA, 401(k) profit-sharing)?&#8221; </strong></p>
<p>Use a <a title="Tax-Free Wealth Using A Subtrust" href="http://www.taxsecretsofthewealthy.com/blog/?p=38">subtrust</a>. It&#8217;s true: The tax collector can get up to 73 percent of your plan funds (that&#8217;s $730,000 per $1 million). Your family gets only $270,000. A subtrust allows you to use plan funds to buy life insurance (usually second-to-die). One reader turned $240,000 into $4.5 million of tax-free life insurance.</p>
<p>• <strong> M7 No. 4 — &#8220;How do I know if my completed (or proposed) estate plan is done and done right?&#8221; </strong></p>
<p>Easy. You must be able to answer &#8220;Yes&#8221; to both of these questions: (1) Do you have and will you continue to have absolute control of your business and other assets? And (2) Will all of your wealth pass intact — every penny of it — to your <a title="Tax Secrets Of The Wealthy: Helping Family Is More Important Than Beating Up The IRS" href="http://www.taxsecretsofthewealthy.com/blog/?p=204">family</a> when you die. &#8220;All&#8221; means if you, for example are worth $6 million, the entire $6 million (fill in your own net worth number) to your family. If you can&#8217;t answer &#8216;Yes&#8217; to these two questions, get a second opinion from an independent professional.</p>
<p>• <strong> M7 No. 5 — &#8220;I have significant excess cash or cash-like assets (municipal bonds, certificates of deposits, and the like). I&#8217;m conservative. Hate risk. Are there any tax-advantaged investments for me?&#8221; </strong></p>
<p>Yes, conservative investment life insurance (CILI) that is really a <a title="Truly Conservative?" href="http://www.taxsecretsofthewealthy.com/blog/?p=46">conservation investment</a>. The insurance company agrees to guarantee you that upon your death your heirs will receive the sum of the following: (1) All premiums you paid (say you paid $20,000 per year for 20 years. Your heirs will get back the entire $400,000), plus (2) a guaranteed rate of return on all premiums paid (usually around 3%), plus (3) the death benefit as a bonus (say $1 million, but could be more or less depending on your age and health). Get a personal quote. You&#8217;ll be delighted. And oh, yes, all earnings and the death benefit (all three items) are tax-free.</p>
<p>• <strong> M7 No. 6. &#8220;Is there a way to reduce the <a title="Business Appraisal Protects Your Family From Unnecessary Taxation" href="http://www.taxsecretsofthewealthy.com/blog/?p=131">value of my business</a> for tax purposes?&#8221; </strong></p>
<p>Absolutely! Take advantage of the three discounts allowed by the tax law: (1) lack of marketability, (2) minority interest and (3) non-voting stock is worth less than voting stock. Result, a $2 million business after discounts, is worth, (for tax purposes) in the $1.1 million to $1.2 million range.</p>
<p>• <strong> M7 No. 7 — &#8220;Is there any way to finance the cost of <a title="Try Two Winning Tax Strategies With a Life Insurance Product" href="http://www.taxsecretsofthewealthy.com/blog/?p=23">life insurance</a> to significantly reduce the out-of-pocket cost of the insurance?&#8221; </strong></p>
<p>Yes, it&#8217;s called premium financing. The strategy is easiest to explain by example. A 60-year-old reader got $5 million of insurance with a total cost (to be paid over his life) of $368,000. A 56-year-old husband with a 56-year-old wife bought $5 million with a total projected outlay of only $79,000. You must be worth a minimum of $5 million (more is better) and be 65 years young or younger.</p>
<p>Of course, you want to get to know one or more of the M7 people better. More info. Maybe you have a question. Will the strategy work for you, your family and your business?</p>
<p>Here&#8217;s what to do: Contact me with the following: (1) identify the M7 strategy you want to learn about; (2) your name, address and all phone numbers where you can be reached; (3) your birthday and same for other family members if insurance is involved; (4) a short statement of your specific facts; (5) fax to 847-674-5299 or e-mail me at wealthy@blackmankallick.com with &#8220;M-7 query&#8221; in the subject line.</p>
<p>I&#8217;ll summarize the best responses (all identities to be withheld) in future columns.</p>
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		<title>Answers to tax troubles may be only a few keystrokes away!</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/answers-to-tax-troubles-may-be-only-a-few-keystrokes-away/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/answers-to-tax-troubles-may-be-only-a-few-keystrokes-away/#comments</comments>
		<pubDate>Fri, 27 Mar 2009 02:53:42 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Corporate Tax]]></category>
		<category><![CDATA[Family Tax Issues]]></category>
		<category><![CDATA[balance sheet]]></category>
		<category><![CDATA[capital gain]]></category>
		<category><![CDATA[family business success]]></category>
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		<category><![CDATA[tax disaster]]></category>
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		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=32</guid>
		<description><![CDATA[Readers of this column must love my Web site, www.taxsecretsofthewealthy.com, because so many of you visit it. It&#8217;s really a learn-more extension of this column. I love the Web site [...]]]></description>
			<content:encoded><![CDATA[<p>Readers of this column must love my Web site, <a href="http://www.taxsecretsofthewealthy.com">www.taxsecretsofthewealthy.com</a>, because so many of you visit it. It&#8217;s really a learn-more extension of this column.</p>
<p>I love the <a href="http://www.taxsecretsofthewealthy.com/blog">Web site</a> for a different reason. Whenever I&#8217;m stuck and don&#8217;t know what to write for the column, a quick review of e-mails from readers who visited the site gives me plenty to write about.</p>
<p>Following is a wonderful example from a Web site visitor.</p>
<p>We&#8217;ll call him Joe.</p>
<p>Joe, 61, the owner of a profitable <a href="http://www.taxsecretsofthewealthy.com/blog/?p=21">family business</a>, Success Co., filled out a form on the Web site that included this question: &#8220;What are your most burning problems or questions?&#8221;</p>
<p>Joe typed in the following four goals:</p>
<p>• Selling the business to a son and nephew.</p>
<p>• Keeping control of the company until it&#8217;s paid for.</p>
<p>• Eliminating balance-sheet debt.</p>
<p>• The least possible <a href="http://www.taxsecretsofthewealthy.com/blog/?p=57">tax liability</a> to myself and them.</p>
<p>Next, I called Joe. He gave me a bit more information.</p>
<p>Then he shipped even more information. We talked again.</p>
<p>Here&#8217;s the full story.</p>
<p>Joe was about to execute a plan that would have put him into the chamber of tax horrors, but he decided to contact me first, via the form on my Web site.</p>
<p>Following is the plan Joe&#8217;s <a href="http://www.taxsecretsofthewealthy.com/blog/?page_id=14">lawyer and CPA</a> had suggested:</p>
<p>Joe&#8217;s son, Sam, and nephew, Nick, would each buy one share of Success Co. stock from Joe for $1,000. Actually, the $2,000 for the two shares was a fair price. Then Success Co. would buy the balance of Joe&#8217;s <a href="http://www.taxsecretsofthewealthy.com/blog/?p=123">stock</a> for $2.25 million (also a fair price), plus interest of 6 percent on the unpaid balance.</p>
<p>What&#8217;s wrong with this picture?</p>
<p>Aside from selling the business, none of Joe&#8217;s other three goals was accomplished:</p>
<p>• Joe would have had no control</p>
<p>• The balance sheet would be destroyed with a $2.25 million debt.</p>
<p>• Worst of all, the tax liabilities would hurt Joe and strangle Success Co.</p>
<p>Let&#8217;s take a closer look at the tax liabilities. First, Joe&#8217;s <a href="http://en.wikipedia.org/wiki/Capital_gain">capital gain</a> would be $2.2 million. At 15 percent, he would get hit with a $330,000 tax bill. Ouch!</p>
<p>Next, let&#8217;s look at the real tax disaster for Success Co. — really Sam and Nick because they would own Success Co. State and federal income taxes would total about 41 percent. Call it 40 percent because the state tax is deductible.</p>
<p>Are you ready for a shock?</p>
<p>Success Co. would have to earn $3.66 million and pay<a href="http://en.wikipedia.org/wiki/Taxation"> income taxes</a> of $1.66 million to have the $2.2 million to pay Joe for his stock — plus that blasted 6 percent interest. Crazy, isn&#8217;t it?</p>
<p>We happily killed the above plan. Instead, we created the following three-step plan:</p>
<p>• We recapitalized the company (created 100 shares of voting stock and 10,000 shares of nonvoting stock), a tax-free transaction.</p>
<p>• Success Co. elected <a href="http://www.taxsecretsofthewealthy.com/blog/?p=21">S corporation status</a>, also tax-free.</p>
<p>• Joe sold the 10,000 nonvoting shares to an intentionally defective trust (IDT).</p>
<p>Let&#8217;s see how using the IDT accomplished all of Joe&#8217;s goals:</p>
<p>• He stays in control by keeping 100 percent of the voting stock.</p>
<p>• Success Co.&#8217;s balance sheet is free of any liability after the transfer of the stock.</p>
<p>• Best of all, Joe escapes paying tax on the sale of the nonvoting stock to the IDT. The entire transaction is tax-free to Joe.</p>
<p>And what are the tax consequences to Success Co., Sam and Nick? <a href="http://www.taxsecretsofthewealthy.com/blog/?p=121">All tax-free</a>. The future earnings of Success Co.</p>
<p>will be used to pay the $2.2 million price (actually a note payable due from the IDT) for the nonvoting stock, plus interest.</p>
<p>When the note (estimate will take six to eight years) is fully paid, the IDT trustee will distribute all the nonvoting stock to Sam and Nick — tax-free!</p>
<p>It is estimated that more than 1 million family-business <a href="http://www.taxsecretsofthewealthy.com/blog/?p=123">owners</a> face the same problem — creating the right succession plan — as Joe and Success Co.</p>
<p>Sadly, the <a href="http://www.taxsecretsofthewealthy.com/blog/?p=66">wrong succession</a> plan causes tax mega-disasters for both the owner and the next generation.</p>
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