Case Conclusion Date:March 1, 1988
Practice Area:Estate Planning
Outcome:The IRS accepted the retroactive claim, saving the heirs $550,000 in estate taxes.
Description:Marcella died in early 1987 with a substantial estate. The $1M GST tax exemption had just been passed in 1986, while the client was alive, but due to illness she never changed her estate plan to take advantage of the tax exemption. I obtained written evidence from Marcella's doctor that she was incompetent at the time the GST law was passed, told the IRS that had Marcella been competent she would have amended her trust to take advantage of this exemption, and submitted that evidence to the IRS on a form I created (no form was yet available from the IRS to claim this exemption).