Avatar

Structuring Defined Value Clauses in Trust Transfers: Formula Allocations and Price Adjustment Clauses:



Watch Now!
Recording and Slides are Available Here


This 90 minute program will cover defined value transfers from soup to nuts. Paul will cover all of the important cases and rulings involving defined value transfers beginning with the Fourth Circuit’s Procter decision and going up to the present with the Wandry decision. In particular, Paul will cover:

•If your clients are like mine were, their desire to make gifts often ends at what I call the “ gift tax county line;” i.e., where they started having to write checks to the government for the privilege of making gifts, irrespective of the wisdom of the gifting as an estate planning strategy.

•The problem with giving away subjectively valued assets is the uncertainty of actual fair market value of the gifted assets as finally determined for federal tax purposes. This dampened the verve for making large taxable gifts and sales of assets that could have a finally determined fair market value a multiple of the originally reported value on the tax return.

•Enter the defined value clause, which defines a gift or a sale or gift/sale as a formula that is tied to both the value that the client wants to give/sell and the value of the gift/sale as finally determined for tax purposes.

•Congress as well as the Treasury both expressly allow formula usage for gift tax purposes, e.g., in the areas of charitable remainder trusts, QTIP elections, disclaimers, and GRATs. Indeed, the Regulations expressly permit (and in some cases require) the use of a condition subsequent that would fail under Procter and its progeny.

•But IRS detests defined value transfers. Why?

•After addressing the basics, my webinar will cover a series of attempted transactions that I’m virtually certain won’t work, including the case that started it all-Procter. I’ll cover the cases and rulings where the IRS denied the effectiveness of a defined value clause of some sort.

•Then we’ll address those types of transactions that I think will definitely work if implemented and administered and reported correctly, looking at each case and ruling that is involved.

•We’ll conclude with a brief analysis of what I think might work, but for which there are no reported cases or rulings. 

There will be no CE for this webinar


For those who have a conflict with the date/time, The session will be recorded. Simply register and you will have unlimited access to the recording.

Although they are scheduled for a particular time and date - once purchased - they can be viewed at ANY TIME!.

If you are not a LISI member please use the Buy Now Button below to pay the non-member price of $149.

Registrant Email:

After you pay you will be sent a link with the registration information. Your webinar registration is designed for one individual user and groups up to 5 individuals. Sharing beyond this is not permitted. If you are interested in group access to our webinar content, please send an email to lisiwebinars@gmail.com

If you have any questions, please contact webinaradmin@leimbergservices.com

NOTE: To pay using a credit card, use the botton labeled
"Pay with Debit or Credit Card" after clicking the Buy Now button below.

If you are a LISI member, please login below to receive the member price of $129 for this webinar.

Forgot Password?

To become a LISI member Click Here

A native of Louisiana (and a double LSU Tiger), Paul Hood obtained his undergraduate and law degrees from Louisiana State University and an LL.M. in taxation from Georgetown University Law Center before settling down to practice tax and estate planning law in the New Orleans area. Paul has taught at the University of New Orleans, Northeastern University, The University of Toledo College of Law and Ohio Northern University Pettit College of Law. The proud father of two Eagle Scouts and LSU Tigers, Paul has authored or co-authored seven books and hundreds of professional articles on estate and tax planning and business valuation.  He was with The University of Toledo Foundation for over four years as Director of Planned Giving, leaving in January 2018. He can be contacted at 

paul@paulhoodservices.com



Avatar Avatar

Paul Hood Ed Morrow

October 28, 2020 1:00PM ET - 2:30PM ET ET

A Planner's Cheat Sheet for Evaluating Estate Planning Tools & Techniques: Part 1 - A Special Re-Broadcast

More Info
Avatar Avatar

Alan Gassman and Brandon Ketron

October 28, 2020 3:00PM ET - 4:30PM ET ET

DYNAMIC AND CREATIVE STRATEGIES FOR 2020 YEAR END PLANNING

More Info
Avatar

Bob Keebler

October 29, 2020 1:00 PM ET - 2:30 PM ET

MANAGING CAPITAL GAINS IN 2020 AND BEYOND - A Special Re-Broadcast

More Info
Avatar Avatar

Bob Keebler Jonathan Blattmachr

October 29, 2020 3:00PM ET - 4:30PM ET ET

Income Taxation of IDGT Sales and Promissory Notes During Life and After Death - A Special Re-Broadcast

More Info
Avatar Avatar

Steve Gorin Steve Trytten

October 29, 2020 3:00PM ET - 4:30PM ET

Drafting under the SECURE Act – Expanded and Updated with Scenarios & Sample Language - A Special Re-Broadcast

More Info
Avatar

Bob Keebler

October 30, 2020 3PM 4:30 pm ET

NEW PPP LOANS: Phase 4 Coronavirus Package – A First Look

More Info
Avatar Avatar

Ed Slott, CPA/AEP and Bob Keebler CPA/PFS, MST, AEP

October 30, 2020 1:00PM ET - 2:30PM ET

Year-End Income Tax and Estate Tax Planning for the Mass Affluent

More Info
Avatar

Steve Gorin

October 30, 2020 11:00 AM ET - 12:30PM ET

Basis Step-Up Strategies in Light of Portability and Tax Law Changes Registration Includes INSTANT DELIVERY of “Structuring Ownership of Privately-Owned Businesses: Tax and Estate Planning Implications,” a 2500+ page PDF

More Info
Avatar Avatar

Eric Naison-Phillips Scott Bowman

November 5, 2020 3:00PM ET - 4:30PM ET ET

Investor Control & the Private Placement Life Insurance Market: Truths, Half-Truths and Falsehoods

More Info
Avatar

Eli Akhavan

November 5, 2020 1:00PM ET - 2:30PM ET ET

Expatriation: The Exit Tax and Planning Opportunities, What the Sophisticated Advisor Must Know

More Info
Avatar Avatar

Paul Hood Ed Morrow

November 12, 2020 1:00PM ET - 2:30PM ET ET

The Intersection of Portability and Blended Families: No Man’s Land?

More Info
Avatar

Michael Geeraerts

November 13, 2020 3:00PM ET - 4:30PM ET ET

The Special Purpose Insurance LLC - What the Sophisticated Advisor Needs To Know!

More Info
Avatar

Rick Jaye

November 19, 2020 3:00PM ET - 4:30PM ET ET

ESOPs: What the Sophisticated Advisor Needs To Know

More Info
Avatar

Mark Merric

November 20, 2020 3:00PM ET - 4:30PM ET ET

Part 1: Mark Merric’s Asset Protection Trilogy

More Info
Avatar

Mark Merric

December 18, 2020 3:00PM ET - 4:30PM ET ET

Part 2: Mark Merric’s Asset Protection Trilogy

More Info
Avatar

Mark Merric

January 22, 2021 3:00PM ET - 4:30PM ET ET

Part 3: Mark Merric's Asset Protection Trilogy

More Info