2019 SESSION TOPICS
October 26-30, 2020
October 25-29, 2021
SCHEDULES : Estate Planning
Day 1 – ESTATE AND GIFT TAXATION
THURSDAY MORNING, OCTOBER 24, 2019
David C. Sojourner, Jr., Presiding
7:00-8:00 – Breakfast
Basis After TCJA – Important Before, Crucial Now – TCJA makes income-tax basis planning more important for most clients. This presentation discusses techniques such as nonmarital trusts includible in the gross estate, contingent general powers of appointment, up-stream power of appointment trusts, and opt-in community property trusts, all of which can be used to improve income-tax basis consequences for our clients.
Lester Law, Member – Franklin Karibjanian & Law PLLC, Washington, D.C.
Planning for Persons with Disabilities: Recent Developments and Continued Challenges – Planning for persons with disabilities presents many challenges. Adding to those challenges, the Program Operations Manual System (“POMS”) – the Social Security Administration’s policy manual for evaluating special needs trusts (“SNTs”) – underwent a rewrite in 2018, substantially changing the rules for SNT administration. This presentation highlights the critical distinctions between “first-party” and “third-party” SNTs; the 2018 updates to POMS; the ABLE Account, a new tool in the planner’s arsenal that supplements (but does not replace) SNTs; the “network” of SNTs that comprise a comprehensive Special Needs Plan; and the required team of “allied professionals” who work together to implement it all.
Kristen M. Lewis, Counsel – Smith, Gambrell & Russell, LLP, Atlanta, GA
9:50-10:05 – Break
Tax Considerations for Premarital Agreements and Divorce – Quite literally, TCJA has made divorce a whole lot more taxing. Understanding the tax implications of divorce thus has become more important than ever for tax, estate planning, and financial advisors — not just family law attorneys. Whether it is dependency exemptions, child tax credits, transfers of securities, dividing retirement accounts, or determining spousal support, there are essential tax strategies that every practitioner must know. This program reviews these strategies and provides advisors with a key-issues tax checklist that can be used to assist clients in both simple and complex divorce cases.
Justin Miller, National Wealth Strategist – BNY Mellon Wealth Management
Transfer Tax Audits in the Era of Increased Exemptions – Despite increased exemptions, transfer tax audits and litigation are not going away. This presentation, led by an experienced tax litigator, will discuss current trends in the transfer tax controversy arena from audits to appeals to litigation.
John W. Porter, Partner – Baker Botts, Houston, TX
Mid-Day Program: Best Practices In The Valuation Of Pass-Through Entities – This presentation will review the important opinion issued by Chief Judge Griesbach in Kress vs. US, a federal gift tax case involving stock in a closely held S Corporation. Chief Judge Griesbach accepted the concept of tax affecting of the earnings of a pass-through entity for valuation purposes, marking a breakthrough on this issue in the federal court system. This presentation also will discuss approaches to valuing pass-through entities, including methods by which to differentiate pass-through entities from taxable entities such as C corporations.
Sponsored by MPI and presented by Todd Povlich
THURSDAY AFTERNOON, OCTOBER 24, 2019
Frank S. Macgill, Presiding
Optimizing Lifetime Gifts: Advising Clients in Uncertain Times – This presentation addresses how to design, implement, and report lifetime transfers in an ever-changing legislative climate. It focuses on planning strategies and unique provisions often overlooked by advisors when designing and implementing their clients’ tax and non-tax objectives. The presentation also provides practical examples of how advisors can enhance their client relationships by adding flexibility and value to their clients’ gifting strategies.
John Bergner, Shareholder – Winstead PC, Dallas, TX
Triangulation: Integrating Life Insurance into Estate and Investment Plans – TCJA changed the face of estate planning by doubling the transfer tax exclusion. As a result, many clients now believe that they have too much life insurance. Should they cash in those policies? This presentation discusses why, in many cases, existing life insurance should be retained or repurposed, rather than cashed in. Also, it addresses how the income tax deferral feature of life insurance can be used to produce better returns in what is expected to be a very challenging investment environment. The presentation includes coverage of sophisticated wealth forecasting software and uses the case study method to illustrate key takeaways.
Thomas J. Pauloski, J.D., National Managing Director – Bernstein Private Wealth Management, Chicago, IL
3:15-3:30 – Break
Ten Things Every Estate Planner Needs to Know about Subchapter J – Income taxes have an even greater impact on how estate planners advise clients to structure their plans. Income taxes that arise during estate or trust administration are just as important. Led by our dynamic duo of speakers, this panel explores the critical aspects of Subchapter J, including the basic but often misunderstood concepts of fiduciary income, DNI, IRD, and the grantor trust rules!
Mickey R. Davis, Partner – Davis & Willms, PLLC, Houston, TX
Melissa J. Willms, Partner – Davis & Willms, PLLC, Houston, TX
Can You Keep a Secret? – A Look at Your Client’s Confidentiality Privileges – This presentation examines the four confidentiality doctrines commonly available in tax proceedings: the attorney-client privilege, the work-product doctrine, the tax-practitioner privilege, and the common-interest doctrine. Practical applications and limits of these doctrines are addressed, including circumstances where confidentiality protections inadvertently may be waived.
C. Fred Daniels, Partner – Cabaniss, Johnston, Gardner, Dumas & O'Neal LLP, Birmingham, AL
5:30-7:00 – Cocktail Party
DAY II – ESTATE AND GIFT TAXATION
FRIDAY MORNING, OCTOBER 25, 2019
Alan F. Rothschild, Jr., Presiding
7:00-8:00 – Breakfast
The Philanthropic Spark: How Tax and Non-Tax Considerations Motivate Donors – This presentation covers how donors and their advisors should approach charitable giving in the current tax and economic environment. Topics include how TCJA changed charitable giving; how and why donors give; and the impact of tax benefits on philanthropy generally, including a discussion of practical planned-giving techniques currently available and some innovative approaches to philanthropy that are developing.
Michele A. W. McKinnon, Partner – McGuireWoods LLP, Richmond, VA
Ethical and Professional Challenges of Dealing with Elder Financial Abuse – Elder financial abuse is an epidemic that may threaten the financial stability of many of our aging clients. This presentation highlights and explains the responsibilities of lawyers and other professional advisors when they suspect that their clients are or may become the targets of such abuse.
Mary Radford, Professor of Law – Georgia State University College of Law, Atlanta, GA
Applied for 1 hour of ethics credit.
10:30-10:45 – Break
Estate Planning & Trust Management For A Brave New World: It’s All In The Family…What’s A Family? – This presentation surveys the predominant traits of the generations represented in today’s estate planning process: the Greatest, Boomer, Gen X, and Millennials. Topics include changes in marriage and family structures, the increasing cultural diversity of today’s families, artificial reproductive practices, and assumptions about life expectancy and mortality. Given the modern family dynamic, the presentation covers practical ways attorneys and fiduciaries can assist with estate planning and wealth allocation, modifications of trust design, and improved alignment of fiduciary responsibility with the needs of today’s families, including advice on innovative ways advisors can assist families in building more effective protocols for collaboration and decision making.
Hugh Magill, Vice Chairman – The Northern Trust Company, Chicago, IL
Recent Estate and Gift Planning Developments – In an always lively and informative fashion, this presentation details significant court decisions, rulings, and statutory and regulatory developments relating to trust and wealth transfer taxes over the past twelve months.
Samuel A. Donaldson, Professor of Law – Georgia State University College of Law, Atlanta, GA
1:00 – Adjourn