Unanimous Reviewed Tax Court Opinion Rejecting A Section 2519 Argument the IRS Has Been Making With Increasing Frequency
Assets in QTIP trusts (including their future appreciation) will eventually be subject to transfer tax. One planning approach is to move trust assets into the hands of the spouse-beneficiary, who can engage in traditional transfer planning. The IRS has been attacking under section 2519 several methods used to move trust assets to the spouse, and this important unanimous reviewed Tax Court case rejects some of the arguments being made by the IRS.
