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Old 04-30-2008, 06:03 PM
Stuart Bronstein
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Default Re: gift FROM an estate

Drew.Blaha[at]itg-global.com wrote:

- quote -

> A quick question. I would assume that an estate is not allowed to
> make gifts, but I haven't found that confirmed anywhere in the
> little bit of research that I've done. So I thought I would
> confirm with this group.


Generally that's true. What does the will or trust say?

- quote -

> What taxable entities are allowed to make gifts? Mother past away
> in 2007, we are now working through her estate. Is the estate
> allowed to gift 12K to multiple individuals in 2007; 2008? Or is
> that a priveledge only extended to individuals?


Is this a probate estate or a trust?

The reason individuals make these gifts is that it reduces their
taxable estate while not incurring any gift tax. There is no reason
for an estate to make such gifts, since there is no tax advantage at
all to doing so.

That said, it may be possible for an estate or a trust to make
distributions (not gifts, because the gift was made on the date of
death) to heirs or beneficiaries. If it's in probate, the court may
need to approve this. If in trust, it depends on what the trust
document says and what the trustee thinks is best.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-30-2008, 05:18 PM
Drew.Blaha@itg-global.com
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Posts: n/a
Default gift FROM an estate

A quick question. I would assume that an estate is not allowed to
make gifts, but I haven't found that confirmed anywhere in the little
bit of research that I've done. So I thought I would confirm with
this group.
What taxable entities are allowed to make gifts? Mother past away in
2007, we are now working through her estate. Is the estate allowed to
gift 12K to multiple individuals in 2007; 2008? Or is that a
priveledge only extended to individuals?

Thank you for your time.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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