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	<title>Estate Tax Lawyer &#187; tax disaster</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>
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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>
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		<category><![CDATA[c corporation]]></category>
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		<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>How To Turn A Tax Tragedy Into A Miracle</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/how-to-turn-a-tax-tragedy-into-a-miracle/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/how-to-turn-a-tax-tragedy-into-a-miracle/#comments</comments>
		<pubDate>Mon, 13 Apr 2009 21:49:13 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Estate Tax]]></category>
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		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=298</guid>
		<description><![CDATA[Do you have a large amount of money in an IRA, profit-sharing plan, 401(k) or other qualified program? Or know someone — family, friend or co-worker — who does? If [...]]]></description>
			<content:encoded><![CDATA[<p>Do you have a large amount of money in an <a title="how to turn a tax tragedy into a miracle" href="http://www.taxsecretsofthewealthy.com/blog/how-to-turn-a-tax-tragedy-into-a-miracle/">IRA, profit-sharing plan, 401(k) or other qualified program</a>? Or know someone — family, friend or co-worker — who does? If so, this article will save you a ton in taxes and show you how to dramatically increase your after-tax wealth.</p>
<p>This is one of those good-news, bad-news situations. First, the bad news. Someday the money in your plan will be distributed: to you or your beneficiaries. If you happen to be wealthy, those beautiful bucks which took decades to accumulate will be worth somewhere in the 27 percent range. The <a href="http://irs.gov" target="_blank" class="broken_link">IRS</a> gets the rest in taxes. Yep, typically you lose around 73 cents out of every dollar because you are required to pay two taxes on your plan distributions: income tax and estate tax. It&#8217;s even worse in high-tax states like New York (check with your accountant). How do I define wealthy? You are irrevocably in the highest income tax bracket (say 40 percent, state and federal) and highest estate tax bracket (55 percent, using 2011 rates). Sorry, but the tax collector will take the lion&#8217;s share of your plan&#8217;s assets whether you get distributions during life, or they go to your heirs after death.</p>
<p>Can anything be done to prevent this <a title="Stop The IRs From Taking Most Of The Dollars In Your Retirement Plan" href="http://www.taxsecretsofthewealthy.com/blog/stop-irs-from-taking-most-of-the-dollars-in-your-retirement-plan/">robbery</a>? Yes! Here comes the good news. Regular readers of this column know I&#8217;m part of a national tax network (other professionals who work together and share tax knowledge). Some experts in the network have devised two tax concepts to enrich your family instead of the IRS. These concepts are designed to help individuals who have accumulated large amounts (from $200,000 to millions of dollars or more) in their plans.</p>
<p>Suppose you have $1 million (fill in your own exact number) in one plan or all of them combined. If you fail to take advantage of one or both of these concepts you will lose $730,000 (or more) in taxes to the IRS. Just take 73 percent of the amount in all your plans, and you can clearly see the full tax-disaster picture. Of course, your local tax collectors (state, as well as your local county or city) may grab an additional piece of the action.</p>
<p>Now, let&#8217;s look at each concept separately.</p>
<p>The first concept — called the &#8220;Single Premium Strategy (SPS)&#8221; — combines three strategies: (1) an immediate-pay annuity (typically a joint-life annuity if you are married); (2) a life insurance policy (second-to-die if you are married) and (3) an irrevocable life insurance trust. In one real-life case, an unmarried reader of this column turned $325,000 into $2,878,385 (all taxes paid). Another reader, who is married, turned $270,000 into $3,496,063 (all taxes paid). Single or married, it&#8217;s smart to get an exact quote of how much tax-free wealth an SPS would create for you and your family.</p>
<p>Another concept, called &#8220;Retirement Plan Rescue&#8221; (RPR), uses the funds in the plan to buy the insurance: either for a single life or second-to-die for a husband and wife. A married reader (Joe) used an RPR to buy $10 million of second-to-die insurance, which will go to his kids tax-free. Joe actually turned $567,900 into $10 million. Joe&#8217;s wife Mary called the entire transaction a &#8220;tax miracle.&#8221;</p>
<p>You&#8217;ll also be surprised at how easy these strategies are. So, if you are lucky enough to be wealthy, but unlucky enough to have a substantial amount of assets in a qualified plan — IRA, profit-sharing, 401 (k) or similar plan — you owe it to your family to take a closer look at the tax-miracle concepts. It&#8217;s easy.</p>
<p>I have arranged for readers of this column to get a free analysis of their plans for both of these concepts. Just fax (1) your name and birthday (also your spouse if married); (2) total amount in all your plans combined; and (3) all phone numbers (business/home/cell) where you can be reached to (847-674-5299). You are welcome to include other information, questions or problems concerning you, your business or your family.</p>
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		<title>A smart way to transfer your business</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/a-smart-way-to-transfer-your-business/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/a-smart-way-to-transfer-your-business/#comments</comments>
		<pubDate>Fri, 03 Apr 2009 21:14:22 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Corporate Tax]]></category>
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		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=222</guid>
		<description><![CDATA[This article is about an old IRS letter ruling that is one of my favorites. It might be labeled “The lazy man’s way to plan your business transfer.“ The ruling [...]]]></description>
			<content:encoded><![CDATA[<p>This article is about an old IRS letter ruling that is one of my favorites. It might be labeled <em> “The lazy man’s way to plan your business transfer.“ </em></p>
<p>The ruling shows you how to take advantage of some favorable tax law while avoiding pitfalls. Good stuff!</p>
<p>Well, there is one slight problem to using the technique: You must drop dead before your family can enjoy the benefits of Letter Ruling 9116031.</p>
<p>But wait, hold the phone. The ruling has one redeeming quality. Really!</p>
<p>First, the facts: Joe, his wife, Mary, and their children owned all the stock in a family business. Joe died in 1990 and Mary inherited all of his stock.</p>
<p>(Note: Mary’s tax basis — for computing capital gains — is the fair market value (FMV) of the stock on the day Joe died. For example, if the FMV was $1 million and she sold it for $1 million, there would be no capital gains tax.)</p>
<p>The fact that Joe’s tax basis, while he was alive, was $25,000, is immaterial. Mary immediately sold all of her stock back to the corporation.</p>
<p>Here’s the general rule: When you or any member of your family sells stock back to your corporation (called a redemption), the redemption is usually taxed as a dividend — a tax disaster.</p>
<p>But there is a special tax-saving exception for a family member who has owned the stock for 10 years or more: If he/she divests all interest in the company (including any position as an officer or director), the redemption is treated as a sale (gets favorable capital gains treatment, instead of being a dividend).</p>
<p>Since Mary sold all (stock she owned before Joe died and stock she inherited from him) of her interest in the corporation, the purchase by the corporation of her shares was considered a bona fide sale (redemption) and not a dividend — a big tax victory.</p>
<p>When all the smoke cleared, not only had Mary escaped a big dividend income tax bill, but she had succeeded in effectively transferring the business to her children. How? Since the kids now owned all the remaining issued and outstanding stock, they owned 100 percent of the business.</p>
<p>To sum up: Mary walked off with a near-tax-free capital gain, (the price paid to Mary for the stock was a bit more than the exact FMV of the stock inherited from Joe) while the kids walked off with the business.</p>
<p>A fantastic tax result.</p>
<p>Stop and think about your own business succession plan for a moment. Isn’t that the result you want — a fantastic tax-free (for income, gift and estate taxes) result? Yes, you can get that tax-free result every time.</p>
<p>More often than not, succession plans are implemented during life, which means there is a second issue (the first issue is tax-free): control.</p>
<p>The typical business owner wants control of his business for as long as he lives. So, when you sit down with your professional advisors, make sure you accomplish a perfect solution to the two key issues: (1) a tax-free transfer and (2) keeping control for as long as you live.</p>
<p>If any other result is offered (no matter how good or smart it sounds), get a second opinion.</p>
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		<title>Tax Secrets of the Wealthy: Helping Family is More Important Than Beating Up the IRS</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/tax-secrets-of-the-wealthy-helping-family-is-more-important-than-beating-up-the-irs/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/tax-secrets-of-the-wealthy-helping-family-is-more-important-than-beating-up-the-irs/#comments</comments>
		<pubDate>Wed, 01 Apr 2009 14:50:26 +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[Irv Talk]]></category>
		<category><![CDATA[Planning]]></category>
		<category><![CDATA[Tax Strategies]]></category>
		<category><![CDATA[greatest challenge]]></category>
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		<category><![CDATA[tax disaster]]></category>

		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=204</guid>
		<description><![CDATA[One question I ask every client is: &#8220;Tell me about your family.&#8221; Most of the time, I get an earful — sometimes more than I bargained for — but it&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p>One question I ask every client is: &#8220;Tell me about your <a title="Wealth Transfer Plan Should Target The Needs Of Each Generation" href="http://www.taxsecretsofthewealthy.com/blog/?p=40">family</a>.&#8221; Most of the time, I get an earful — sometimes more than I bargained for — but it&#8217;s all good stuff that helps us work together to create exactly the right <a title="Plan Wisely To Accomplish Goals For Your Estate Before It's Too Late!" href="http://www.taxsecretsofthewealthy.com/blog/?p=66">tax plan</a>.</p>
<p>Almost always, the original reason a client calls is to ask me to create an estate plan that would kill the estate tax.</p>
<p>Everyone loves to beat up the<a title="Intenal Revenue Service, IRS" href="http://www.irs.gov" target="_blank"> IRS</a>. Ah, such delight when they find out that avoiding the impact of the estate tax is the easy part.</p>
<p>So what&#8217;s the hard part?</p>
<p>Satisfying everyone in your family is by far the greatest challenge. Usually, the more kids, the tougher. Remember, those little kids grow up, get married and each &#8220;I do&#8221; brings a new son-in-law or daughter-in- law. Often, the growing family brings different opinions.</p>
<p>Life goes on.</p>
<p>Well, you get the idea.</p>
<p>Oh, and before we forget: Soon those cute — and almost always wonderful— grandchildren come along. And if you and your spouse live long enough, those little grandbabies repeat the cycle (grow up, marry, have babies of their own). The family grows bigger. That&#8217;s good. Yet now there are more family members to satisfy.</p>
<p>Let&#8217;s take a closer look at this trying-to-satisfy-every-member- of-the-family problem. What&#8217;s interesting is that a bit more than half of the time there is no real problem. Sure, there are differences from time to time, but the typical family knows how to deal with issues as they pop up. Then my job is easy. All efforts can be directed toward creating a plan that solves the lifetime goals of the family.</p>
<p>Beating up the IRS always is one of the goals.</p>
<p>But what happens when one or more of the family members just can&#8217;t be satisfied?</p>
<p>Unfortunately, my sad experience is most people do nothing. Since they can&#8217;t solve the problem — either as they see it or as some other family member sees it — the problem persists and festers.</p>
<p>Ultimately, Mom and Dad die. It&#8217;s <a title="Answers To Tax Troubles May Be Only A Few Keystrokes Away!" href="http://www.taxsecretsofthewealthy.com/blog/?p=32">tax disaster</a> and the IRS wins.</p>
<p>Can such a result be avoided?</p>
<p>Almost always, the answer is a loud &#8216;Yes.&#8217;</p>
<p>But first, let&#8217;s divide the differences into two clear and separate categories: financial (money) and emotional (the full range of human feelings, more often than not without any logical explanation).</p>
<p>Money differences are the most common and are the easiest to overcome to everyone&#8217;s satisfaction. How?</p>
<p>Get everyone involved (usually only direct family members and no in-laws, subject to rare exceptions) in the same room at the same time. A moderator posts everyone&#8217;s likes, dislikes, wants, goals or whatever else is involved for all to see. Only one person speaks at a time. No discussions. No negotiation.</p>
<p>Each person gets as many turns as needed.</p>
<p>Amazing! Almost every time the posted-on-the-blackboard goals and wants show agreement rather than disagreement. We isolate the differences — almost always about money. Putting in the right<a title="At Last, A Tax-Deferred Concept That Gives High Returns" href="http://www.taxsecretsofthewealthy.com/blog/?p=57"> tax-saving</a> (income, gift and estate taxes) plan usually solves the money issues.</p>
<p>What happens if there still are differences — serious stuff — not from my viewpoint, but by one or more members of the family?</p>
<p>Remember, doing nothing while waiting for total peace (which rarely comes) among quarreling family members favors the IRS. So we build a <a title="Complete Estate Plan Requires More Than Will And Revocable Trust" href="http://www.taxsecretsofthewealthy.com/blog/?p=55">tax plan</a> around the agreements and continue to work on the disagreements. The head of the family (usually Mom and Dad working as a team) must make the final call.</p>
<p>A well-structured plan makes tough decisions much easier.</p>
<p>Indeed, perfection should be sought in every tax plan. But the sad fact is that an imperfect plan is way better than no plan for a family that can&#8217;t seem to get everyone on the same page.</p>
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		<title>Gaining wealth is easy when compared with human aspect of tax game</title>
		<link>http://www.taxsecretsofthewealthy.com/blog/gaining-wealth-is-easy-when-compared-with-human-aspect-of-tax-game/</link>
		<comments>http://www.taxsecretsofthewealthy.com/blog/gaining-wealth-is-easy-when-compared-with-human-aspect-of-tax-game/#comments</comments>
		<pubDate>Sat, 28 Mar 2009 20:23:38 +0000</pubDate>
		<dc:creator>irvisadmin</dc:creator>
				<category><![CDATA[Estate Tax]]></category>
		<category><![CDATA[Family Tax Issues]]></category>
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		<guid isPermaLink="false">http://www.taxsecretsofthewealthy.com/blog/?p=123</guid>
		<description><![CDATA[Recently, I read an article titled What Makes for Success? by Kemmons Wilson, the founder of Holiday Inn. He said, &#8220;It is great to attain wealth, but money is really [...]]]></description>
			<content:encoded><![CDATA[<p>Recently, I read an article titled <em>What Makes for Success?</em> by Kemmons Wilson, the founder of Holiday Inn. He said, &#8220;It is great to attain wealth, but money is really just one way — and hardly the best way — to keep score.&#8221;</p>
<p>Interesting quote, huh?</p>
<p>Most readers of this column call me with tax problems because they have attained wealth (no doubt they have and do keep score with money) and they don&#8217;t want to share that wealth with the <a title="Intenal Revenue Service, IRS" href="http://www.irs.gov" target="_blank">IRS</a> — perfectly normal. Yet, it&#8217;s amazing. Once the reader realizes that we really do know how to pass their wealth — all of it and intact — to their family, the conversation turns to other ways that they might keep score. Sure, they are delighted to find there are legal ways to totally win the estate tax game. But they readily admit that they don&#8217;t know how to deal with the other problems (other ways to keep score).</p>
<p>The other problems fall into the general category of little kids, little problems; big kids, big problems.</p>
<p>Stuff like which of my kids should run the business? How do I treat the kids fairly? What about the non-business kids?</p>
<p>What happens if one (or more) of my kids get divorced? How do I take care of my wife (the second one who is 15 years — or more — younger than the caller)? The callers tell me about family problems, business problems and/or assorted personal problems. To me every word is important, even though I&#8217;ve listened to so many tales of woe before. But, although similar, each problem has its own peculiar twists and turns.</p>
<p>Let&#8217;s face it — <a title="Story of Real Life Clients" href="http://www.taxsecretsofthewealthy.com/blog/?p=34 ">stuff happens</a>. After years of solving <a title="Wealth Transfer" href="http://www.taxsecretsofthewealthy.com/blog/?p=40">wealth transfer</a> problems, business succession (usually the business is at center stage) and <a title="Plan To Accomplish Estate Goals" href="http://www.taxsecretsofthewealthy.com/blog/?p=66">estate planning</a> problems, experience has taught me that solving only the money problems can never yield a perfect plan.</p>
<p>The human stuff — your spouse and kids support your plan — must be solved too.</p>
<p>What about your son-in-law or daughter-in-law? I know. It sounds like cornball. But if you really want to win the game of life after you have won the money game (really the easy part), you must attempt to solve the human part, the emotional stuff.</p>
<p>Here&#8217;s my suggestion to start the process. Make two lists: the money-problem list and the human-problem list.</p>
<p>Solve the money problems first (usually you are home free if you solve these three money problems:</p>
<p>• maintain your lifestyle — and your spouse&#8217;s — for as long as you live;</p>
<p>• <a title="Transfer Using S Corporation " href="http://www.taxsecretsofthewealthy.com/blog/?p=21 ">transfer your business</a> to the business kids — tax-free; and</p>
<p>• kill the estate tax.</p>
<p>Then, it&#8217;s easier to tackle the human-problem list. Interesting, many times solving the money problems also solve some (often all) of the human problems.</p>
<p>Finally, you must work with <a title="Solving Tax Troubles" href="http://www.taxsecretsofthewealthy.com/blog/?p=32 ">experienced professionals</a> who know how to solve both problems: the money problems and the emotional human problems that come with accumulating wealth and trying to pass it on.</p>
<p>One more thing: Each piece of your <a title="Complete Estate Tax Plan" href="http://www.taxsecretsofthewealthy.com/blog/?p=55 ">plan</a> must be part of a single comprehensive and integrated plan, all implemented at the same time. Piecemeal planning, based on my 50 years of experience, is a disaster that not only enriches the <a title="Intenal Revenue Service, IRS" href="http://www.irs.gov" target="_blank">IRS</a>, but fails to satisfy the normal human desires of a typical family and its business.</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>
		<category><![CDATA[income tax]]></category>
		<category><![CDATA[IRS]]></category>
		<category><![CDATA[lawyer]]></category>
		<category><![CDATA[stock]]></category>
		<category><![CDATA[tax disaster]]></category>
		<category><![CDATA[tax liabilities]]></category>
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		<category><![CDATA[unpaid balance]]></category>

		<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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