Which of the following statements concerning marital transfers to a non-U.S. citizen spouse is (are) correct? 1. A marital deduction is automatically available as long as property is transferred outright to the non-citizen spouse. 2. A marital deduction is automatically available if the transferor-decedent spouse is a U. S. citizen.
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A
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B
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D
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Which of the following statements concerning the inclusion and valuation of all or part of a commercial annuity in the estate of an annuitant is (are) correct? - A life annuity with a period certain is includible to the extent of the present value of any remaining guaranteed payments. - If the executor elects the alternate valuation date, an annuity is includible at its replacement cost 6 months after death.
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A
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B
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C
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D
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To determine whether a taxable gift has been made, the IRS focuses on all the following factors EXCEPT:
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A
Was the value of the gift property in excess of the annual per-donee exclusion?
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B
Was the transferred property real property or personal property?
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C
Did the donor absolutely, irrevocably, and currently divest himself of dominion and control over the property?
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D
Was the property transferred for less than an adequate and full consideration in money or money's worth?
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Which of the following statements concerning the generation-skipping transfer tax (GSTT) is (are) correct? - An annual exclusion against GSTT will shelter gifts by a grandparent to a trust benefitting multiple grandchildren. - Tuition payments made directly by a grandparent to a university for a grandchild's education are exempt from GSTT.
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A
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B
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D
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All the following statements concerning the generation-skipping transfer tax (GSTT) are correct EXCEPT:
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A
Each individual has an aggregate $1.5 million exemption against GSTT.
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B
Tuition payments made by a grandparent directly to a university for a grandchild's education are exempt from GSTT.
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C
The liability for GSTT falls upon the donee regardless of the type of transfer.
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D
Direct skip gifts by a grandparent of up to $11,000 can be made to each grandchild without GSTT liability due to an annual exclusion.
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Which of the following members of the estate planning team is responsible for assuring that the client's intentions are expressed in documents that will carry out the final plan?
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A
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B
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D
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A father and son have been farming land owned by the father for the past 12 years. Just prior to his death, the father was offered $900,000 for his farm because of its possible use as a shopping center. The son would like to continue to farm the land if it can be included in his father's estate at its current use value. Additional facts are: 1. Average annual gross rentals from nearby farms of similar acreage are $36,000. 2. Average annual state and local real estate taxes on the farm are $4,000. 3. The interest rate for loans from the Federal Land Bank is 8 percent. For federal estate tax purposes, the farm method valuation formula would result in a current use value for the farm of
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D
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The personal representative of a decedent has the duty to file which of the following income tax returns? 1. The decedent's final income tax return 2. The estate's income tax return
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A
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B
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C
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D
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A married man is the sole owner of a small business with an estate tax value of $500,000. In addition, he and his wife own an office building as joint tenants with right of survivorship which they purchased five years ago. The building has an estate tax value of $1,500,000. They are considering dissolving the joint tenancy and retitling the building in the name of the husband as sole owner. All the following statements concerning this action are correct EXCEPT:
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A
At the husband's death, his heirs would get a fully stepped-up tax basis for the property.
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B
At the husband's death, it would be easier to qualify his estate for an IRC Section 303 stock redemption of his business interest.
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C
If the husband dies first and leaves the office building outright to his wife, there would be no federal estate tax attributed to its inclusion in his gross estate.
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D
If the husband dies first, the probate costs of his estate could be increased.
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Question 10
Single choice
When the owner of a closely held business dies, the payment of a portion of the federal estate tax may be deferred for a period of several years if the estate otherwise qualifies under the provisions of IRC Section 6166. Which of the following statements concerning this deferral of federal estate tax is correct?
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A
The interest rate on the deferred tax is determined by the prime rate in effect on the date of death.
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B
The interest on the unpaid estate tax is payable over the first 10 years, after which the tax plus interest on the balance is payable in equal installments for the last 5 years.
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C
Under certain circumstances, the estate will forfeit its right to tax deferral, and all the remaining unpaid estate tax will become due and payable immediately.
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D
To qualify for the tax deferral, the closely held business must represent more than 50 percent of the value of the decedent's adjusted gross estate.
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Question 11
Single choice
A wife owns a $100,000 life insurance policy on her husband's life. She has named her son the revocable beneficiary. Which of the following statements concerning the life insurance is (are) correct? 1. At the husband's death, the interpolated terminal reserve of the policy is a gift to the son. 2. The annual increase in the cash value is a gift to the son.
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A
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B
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C
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D
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Question 12
Single choice
A man established and funded an irrevocable trust and named a bank as trustee. All income from the trust is to be paid to his four grandchildren. Which of the following powers retained by the grantor of the trust will cause all or a portion of the trust assets to be includible in his gross estate for federal estate tax purposes? 1. The power to add principal to the trust 2. The power to vary the amounts of trust income paid to each grandchild
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A
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B
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C
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D
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Question 13
Single choice
A father died leaving his property equally to his wealthy son and his poor daughter. The son wishes to disclaim his share of the inheritance so that it will pass to his sister without his incurring any gift tax liability. In this situation, all the following acts on the part of the son are required EXCEPT:
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A
His refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.
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B
He must not have received any part of his inheritance or any income from it prior to his refusal to accept it.
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C
His refusal to accept the inheritance must direct specifically that his sister is to receive it instead.
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D
His refusal to accept the inheritance must be in writing.
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Question 14
Single choice
Which of the following statements concerning a simple trust is correct?
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A
Income and principal may be distributed to a qualified charity.
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B
Income is accumulated at the discretion of the trustee.
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C
It receives a special tax deduction for income distributed to its beneficiaries.
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D
It limits the number of permissible beneficiaries.
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Question 15
Single choice
Requirements for property to qualify for the federal estate tax marital deduction include which of the following? 1. The property interest must be includible in the decedent's gross estate. 2. The property must pass in such manner that it will be includible in the surviving spouse's estate at death unless consumed or given away.
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A
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B
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D
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Question 16
Single choice
Believing that his death was imminent, a widower gave his son some real estate two years ago and filed a timely gift tax return. The widower died on January 1st of this year. The additional facts are: - Widower's basis in the real estate $400,000 - Value of the real estate when gifted 1,000,000 - Value of the real estate on date of death 2,000,000 - Amount of gift tax paid by widower 345,800
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A
The son's income tax basis in the real estate is $2,000,000.
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B
The widower recognized no gain for income tax purposes at the time the gift was made.
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C
The gift of the real estate is included in the calculation of the widower's federal estate tax as an adjusted taxable gift.
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D
The gift tax paid is brought back into the widower's gross estate at $345,800.
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Question 17
Single choice
A father died leaving his property equally to his wealthy son and his poor daughter. The son wishes to disclaim his share of the inheritance so that it will pass to his sister without his incurring any gift tax liability. In this situation, all the following acts on the part of the son are required EXCEPT:
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A
He must not have received any part of his inheritance or any income from it prior to his refusal to accept it.
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B
His refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.
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C
His refusal to accept the inheritance must be in writing.
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D
His refusal to accept the inheritance must direct specifically that his sister is to receive it instead.
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Question 18
Single choice
Among the assets in a decedent's gross estate is stock in a closely held corporation that was left to a nephew. The interest passing to the nephew is required to bear the burden of all estate taxes and expenses. The relevant facts concerning this estate are: - Adjusted gross estate $1,600,000 - Fair market value of stock in - the closely held corporation 700,000 - Funeral expenses 30,000 - Executor's commission 50,000 - Federal and state death tax 160,000
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A
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B
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C
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D
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Question 19
Single choice
Believing that his death was imminent, a widower gave his son some real estate two years ago, and filed a timely gift tax return. The widower died on January 1st of this year. Additional facts are: - Widower's basis in the real estate $200,000 - Value of real estate when gifted 510,000 - Value of real estate on date of death 1,000,000 - Amount of gift tax paid by widower 159,500
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A
The gift of the real estate is included in the calculation of the widower's federal estate tax as an adjusted taxable gift.
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B
The gift tax paid is brought back into the widower's gross estate at $159,500.
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C
The widower recognized no capital gain for income tax purposes at the time the gift was made.
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D
The son's income tax basis in the real estate is $1,000,000.
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Question 20
Single choice
Which of the following are ways of passing property from a deceased spouse to a surviving spouse so that the property will qualify for the federal estate tax marital deduction? 1. When the surviving spouse receives the property by electing to take against the deceased spouse's will 2. When the surviving spouse receives the property as a consequence of the qualified disclaimer of another beneficiary
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A
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B
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C
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D
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Question 21
Single choice
Which of the following statements concerning the valuation of intangible personal property in the gross estate of a decedent is correct?
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A
When a minority stockholder in a closely held corporation dies, his stock is valued on the basis of the "blockage" rule.
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B
Certain U.S. Treasury bonds that are used to pay federal estate taxes at par are valued at their market price on the date of death of the owner.
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C
Valuing closely held stock requires the consideration of several factors outlined by IRS rulings.
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D
If there were no trades of a listed common stock on the date of the stockholder's death, the stock's value is based on its average daily price for the previous month prior to the shareholder's death.
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Question 22
Single choice
A father wants to accumulate funds for his 12-year-old son's college education. On the advice of his attorney, the father establishes an IRC Section 2503(c) trust and funds it with annual gifts. All the following statements concerning this arrangement are correct EXCEPT:
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A
In the event of the son's death prior to age 21, trust assets must either be payable to the son's estate or be subject to a general power of appointment held by the son.
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B
The father's annual gift tax exclusion must be reduced by any amount used to pay college tuition costs.
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C
The trust must be irrevocable.
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D
Any accumulated income and all trust principal must be available for distribution to the son when he attains age 21.
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Question 23
Single choice
Which of the following terms applies to the blending together of separate and community properties of spouses in community-property states?
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A
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B
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C
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D
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Question 24
Single choice
All the following trust provisions avoid causing the inclusion of an irrevocable life insurance trust in an insured's gross estate EXCEPT
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A
a trustee's power to pay estate expenses
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B
a trust beneficiary's power to withdraw contributions to the trust
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C
a trustee's power to loan assets to the estate at the trustee's discretion
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D
a trustee's power to purchase assets from the estate at the trustee's discretion
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Question 25
Single choice
Which of the following statements concerning ownership of property under a tenancy by the entirety is correct?
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A
The property will be in the probate estate of the first joint tenant to die.
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B
One tenant can freely transfer his or her property interest to a third person.
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C
It is a form of property ownership that applies only to personal property.
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D
It is a form of property ownership available only to married persons.
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Question 26
Single choice
A father is considering giving his daughter a gift. For tax planning purposes, the father should give his daughter which of the following?
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A
Raw land that cost him $10,000, its present fair market value, but which has a substantial potential for appreciation
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B
Real estate that cost him $40,000 and is now worth $120,000, subject to a $110,000 mortgage
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C
Stock that cost him $10,000 and which now has a fair market value of $20,000
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D
A bond that cost him $15,000 and is now worth $10,000
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Question 27
Single choice
In addition to substantial probate assets, a married man with two minor children has a $1,000,000 ordinary life insurance policy payable to his estate. He wants to make certain that if he predeceases his wife the death proceeds will be available to provide income for his wife during her lifetime and to provide for their two children after her death. He would like the policy and/or its death proceeds to be as free of federal gift and estate taxes as possible with respect to both him and his wife. Which of the following courses of action would best accomplish these objectives?
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A
Designate his wife as beneficiary and she will establish a testamentary trust in her will to receive the proceeds at her subsequent death
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B
Assign the policy to an irrevocable inter vivos trust with five and five powers and designate the trustee to receive the death proceeds
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C
Establish a revocable inter vivos trust and designate the trustee to receive death proceeds
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D
Assign the policy to his wife who will establish a revocable inter vivos trust to receive the death proceeds
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Question 28
Single choice
Which of the following statements concerning charitable remainder unitrusts is correct?
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A
A fixed percentage of not less than 10 percent of the net fair market value of the trust assets is paid to the noncharitable beneficiaries.
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B
The remainder interest is paid to the qualified charity after a term of years not greater than 15 years.
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C
The net fair market value of the trust assets are revalued annually.
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D
No further contributions may be made to a unitrust after the initial payment.
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Question 29
Single choice
Which of the following statements concerning ownership of property under a tenancy by the entirety is correct?
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A
It is a form of property ownership available only to married persons.
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B
It is a form of property ownership that applies only to personal property.
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C
One tenant can freely transfer his or her property interest to a third person.
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D
The property will be in the probate estate of the first joint tenant to die.
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Question 30
Single choice
A father is considering giving his daughter a gift. For tax planning purposes, the father should give his daughter which of the following?
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A
Raw land that cost him $10,000, its present fair market value, but which has a substantial potential for appreciation
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B
A bond that cost him $15,000 and is now worth $10,000
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C
Real estate that cost him $40,000 and is now worth $120,000, subject to a $110,000 mortgage
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D
Stock that cost him $10,000 and which now has a fair market value of $20,000
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Question 31
Single choice
Which of the following statements concerning ownership of property held in trust is (are) correct? 1. The legal owner of property held in trust is a trustee. 2. The equitable owner of property held in trust is a beneficiary.
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A
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B
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C
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D
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Question 32
Single choice
Which of the following statements concerning certain types of property interests is (are) correct? 1. The person or entity who has title to the property is the legal owner of the property. 2. The person who has the right to all income earned on the property is the beneficial or equitable owner of the property.
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A
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B
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C
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D
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Question 33
Single choice
Which of the following statements concerning the inclusion and valuation of all or part of a commercial annuity in the estate of an annuitant is (are) correct? 1. A life annuity with a period certain is includible to the extent of the present value of any remaining guaranteed payments. 2. If the executor elects the alternate valuation date, an annuity is includible at its replacement cost 6 months after death.
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A
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B
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C
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D
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Question 34
Single choice
The Decedent, T, died this year. The facts concerning T estate are: - Gross estate $2,700,000 - Marital deduction 900,000 - Charitable deduction 110,000 - Gifts made after 1976 130,000 - State death taxes payable 165,000
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A
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B
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C
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D
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Question 35
Single choice
A woman is the income beneficiary of an irrevocable trust. All the following powers held by her will cause all the assets in the trust to be includible in her gross estate for federal estate tax purposes EXCEPT
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A
the testamentary power to direct the trustee to pay trust assets to her estate
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B
the testamentary special or limited power to direct the trustee to distribute trust assets to her children
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C
the testamentary power to direct the trustee to use trust assets to pay her estate taxes
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D
the power to direct the trustee to distribute trust corpus to her
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Question 36
Single choice
All the following statements concerning a typical pour-over trust are correct EXCEPT:
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A
It is a device to consolidate all a decedent's assets to simplify administration.
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B
Properly drawn, it eliminates the need to file a federal estate tax return.
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C
The trust is created during the lifetime of the grantor.
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D
The trust is revocable during the lifetime of the grantor.
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Question 37
Single choice
A married man died this year leaving a gross estate of $2,700,000. Some additional facts concerning his estate are: - Administration expenses and debts $300,000 - Marital deduction 800,000 - Applicable credit amount (2005) 555,800 - Applicable exclusion amount (2005) 1,500,000 - State death taxes payable 17,700
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A
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B
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C
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D
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Question 38
Single choice
All the following statements concerning an estate for a term of years are correct EXCEPT:
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A
The tenant has the right to possess the property during the term of his interest.
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B
An interest may extend beyond the lifetime of the grantor.
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C
The tenant may transfer the property at the end of the term of his interest.
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D
It is an interest in property established for a specific duration.
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Question 39
Single choice
In addition to substantial probate assets, a married man with two minor children has a $1,000,000 ordinary life insurance policy payable to his estate. He wants to make certain that if he predeceases his wife the death proceeds will be available to provide income for his wife during her lifetime and to provide for their two children after her death. He would like the policy and/or its death proceeds to be as free of federal gift and estate taxes as possible with respect to both him and his wife. Which of the following courses of action would best accomplish these objectives?
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A
Assign the policy to his wife who will establish a revocable inter vivos trust to receive the death proceeds
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B
Assign the policy to an irrevocable inter vivos trust with five and five powers and designate the trustee to receive the death proceeds
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C
Designate his wife as beneficiary and she will establish a testamentary trust in her will to receive the proceeds at her subsequent death
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D
Establish a revocable inter vivos trust and designate the trustee to receive death proceeds
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Question 40
Single choice
All the following transfers are subject to the generation-skipping transfer tax (GSTT) EXCEPT:
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A
A direct cash payment of $28,000 from a grandparent to a private prep school to cover the tuition costs for her grandchild.
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B
A termination of a trust at the death of the nonskip life income beneficiary with the remainder distributed solely to skip persons.
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C
A distribution to a grandchild from a sprinkle trust created by a grandparent to benefit both skip and non-skip beneficiaries.
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D
A direct cash gift of $50,000 from a grandparent to his grandchild if such grandchild's parents are still alive.
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Question 41
Single choice
All the following are conditions that must be met if an otherwise nonqualified terminable interest is to qualify (as QTIP) for the federal estate tax marital deduction EXCEPT:
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A
The surviving spouse must make a qualified disclaimer to all other property in the deceased spouse's estate within 9 months of death.
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B
The surviving spouse must be given a lifetime right to receive all the property's income at least annually.
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C
The deceased spouse's executor must make an irrevocable election to have the property includible in the surviving spouse's gross estate.
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D
No person can be given the right to direct that the property go to anyone other than the surviving spouse as long as the surviving spouse is alive.
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Question 42
Single choice
All the following are conditions that must be met if an otherwise nonqualified terminable interest is to qualify (as QTIP) for the federal estate tax marital deduction EXCEPT:
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A
No person can be given the right to direct that the property go to anyone other than the surviving spouse as long as the surviving spouse is alive.
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B
The deceased spouse's executor must make an irrevocable election to have the property includible in the surviving spouse's gross estate.
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C
The surviving spouse must be given a lifetime right to receive all the property's income at least annually.
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D
The surviving spouse must make a qualified disclaimer to all other property in the deceased spouse's estate within 9 months of death.
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Question 43
Single choice
Which of the following statements concerning state death taxes is correct?
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A
A state inheritance tax is imposed on the right of the deceased to leave property to heirs.
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B
A state estate tax is imposed on the right of heirs to receive property from the deceased.
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C
State estate and inheritance taxes are generally imposed at the same rate regardless of the relationship of the deceased to the beneficiary.
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D
A deduction for the full amount of state death taxes paid by a decedent estate is allowed on a decedent federal estate tax return.
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Question 44
Single choice
All the following statements concerning filing the federal estate tax return are correct EXCEPT:
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A
An automatic one-year extension for filing the estate tax return is granted when the decedent dies overseas.
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B
The estate tax return must be filed within 9 months of death unless an extension is granted by the IRS.
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C
An extension to file the estate tax return must be received and granted by the IRS before the time for filing the return expires.
-
D
For persons dying this year, an estate tax return must be filed for gross estates plus adjusted taxable gifts that exceed $1.5 million.
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Question 45
Single choice
A father is considering giving his daughter a gift. For tax planning purposes, the father should give his daughter which of the following?
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A
A bond that cost him $25,000 and is now worth $10,000
-
B
Securities that cost him $10,000, its present fair market value, but which has a substantial potential for appreciation
-
C
Raw land that cost him $1,000 and which now has a fair market value of $14,000
-
D
Real estate that cost him $30,000 and is now worth $110,000, subject to a $100,000 mortgage
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Question 46
Single choice
All the following will be brought back into the donor's gross estate for federal estate tax purposes EXCEPT
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A
a gratuitous transfer of real property to a revocable inter vivos trust
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B
an outright, gratuitous transfer of real property in contemplation of death
-
C
the gift taxes paid last year on a gratuitous transfer of real property
-
D
a gratuitous transfer of real property with a reserved right to use and enjoy it for life
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Question 47
Single choice
All the following statements concerning property ownership by a married couple residing in a community-property state are correct EXCEPT:
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A
Income earned by one spouse becomes community property.
-
B
All property that is not separate property is community property.
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C
Property inherited during the marriage is the separate property of the spouse who inherited it.
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D
Community property loses its identity when a community-property couple moves to a common-law state.
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Question 48
Single choice
All the following powers held by the grantor of an irrevocable trust will cause the trust assets to be brought back into the estate of the grantor EXCEPT the power to
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A
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B
add principal to the trust
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C
designate who shall enjoy the trust income
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D
change the trust remainderpersons
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Question 49
Single choice
The executor of an estate has a choice of waiving the executor's fee. Factors that should be considered by the executor in making this choice include all the following EXCEPT
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A
the estate tax bracket of the estate
-
B
the income tax brackets of the other beneficiaries
-
C
whether the executor is otherwise a beneficiary of the estate
-
D
the income tax bracket of the executor
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Question 50
Single choice
Which of the following statements concerning the so-called "kiddie-tax" on unearned income of children under age 14 is (are) correct? 1. The rules apply to earned income of the children. 2. The rules apply to trust income received by a child under age 14 only if the trust was established by the child's parents.
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A
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B
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C
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D
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Question 51
Single choice
A father plans to create a trust for the benefit of his 22-year-old son and wishes to take advantage of the gift tax annual exclusion. He has named a bank as trustee. Which of the following trust provisions would cause the gifts to be ineligible to qualify for the gift tax annual exclusion? 1. The trust income is to be paid to the son or accumulated at the discretion of the trustee. 2. The income is to be accumulated until the son reaches age 32 when all accumulated income and principal are to be distributed to him.
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A
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B
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C
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D
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Question 52
Single choice
The decedent, D, died this year. The facts concerning D estate are: - Gross estate $3,400,000 - Marital deduction 0 - Charitable deduction 600,000 - Funeral & administration expenses 80,000 - Gifts made after 1976 170,000 - State death taxes payable 192,000
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A
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B
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C
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D
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Question 53
Single choice
Which of the following statements concerning ownership of property under a tenancy by the entirety is correct?
-
A
It is a form of property ownership that applies only to personal property.
-
B
The property will be in the probate estate of the first joint tenant to die.
-
C
One tenant can freely transfer his or her property interest to a third person.
-
D
It is a form of property ownership available only to married persons.
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Question 54
Single choice
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A
levied directly on the gift
-
B
a flat tax based on gifts made in any taxable year
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C
a tax on the right of the donee to receive the property
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D
a tax on the right of the donor to make the gift
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Question 55
Single choice
Which of the following statements concerning wills is (are) correct? 1. A will should be reviewed periodically to assure that the property owner's most recent intentions are honored at death. 2. Once signed, a will's provisions may not be changed without the consent of all the beneficiaries under the will.
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A
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B
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C
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D
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Question 56
Single choice
A taxable gift has been made in which of the following situations? 1. A father manages his disabled son's business for a year without compensation since a replacement manager would have cost $25,000. 2. A father verbally promises his 21-year-old daughter that he will give her his antique Mercedes when she graduates from college next year.
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A
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B
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D
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Question 57
Single choice
Which of the following types of real property ownership will be deemed to be a tenancy in common?
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A
Two brothers own equal amounts of all the common stock in a corporation, the only asset of which is real property.
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B
Two brothers are equal partners in a general partnership that owns a piece of real property used in the partnership business.
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C
Two brothers own equal fractional interests in a piece of real property and at the death of one of the brothers the survivor will own the entire piece of property.
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D
Two brothers own equal undivided interests in a piece of real property, with each brother being able to divest himself of his interest by sale, gift, or will.
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Question 58
Single choice
The following are facts concerning a decedent's estate: - Taxable estate $1,800,000 - Pre-1977 taxable gifts 100,000 - Post-1976 adjusted taxable gifts 150,000 - Post-1976 gifts made to a qualified charity 200,000
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A
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B
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C
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D
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Question 59
Single choice
On January 1, 2004 a father gave his daughter a $50,000 straight (ordinary) life insurance policy on his life. Premiums are paid annually. The pertinent facts about the policy are: Date of issue: July 1, 1992 - Premium paid on July 1, 2003 $800 - Terminal reserve on July 1, 2003 5,000 - Terminal reserve on July 1, 2004 6,000
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A
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D
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Question 60
Single choice
Which of the following statements concerning the valuation of intangible personal property in the gross estate of a decedent is correct?
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A
If there were no trades of a listed common stock on the date of the stockholder's death, the stock's value is based on its average daily price for the previous month prior to the shareholder's death.
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B
Certain U.S. Treasury bonds that are used to pay federal estate taxes at par are valued at their market price on the date of death of the owner.
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C
When a minority stockholder in a closely held corporation dies, his stock is valued on the basis of the "blockage" rule.
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D
Valuing closely held stock requires the consideration of several factors outlined by IRS rulings.
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