Probate & Property
Fiduciaries face many tax options and elections during the administration of an estate of trust. The manner in which the fiduciary exercises, or does not exercise, tax elections and options will significantly affect one, some, or all of the beneficiaries. In some cases, it may cause the fiduciary to have made a gift for federal gift tax purposes. This article explores some of the ways in which a fiduciary might be treated as making a gift by exercising or not exercising certain tax elections or options.
Jonathan G. Blattmachr, Stephanie E. Heilborn, and Mitchell M. Gans,
Gifts by Fiduciaries by Tax Options and Elections, 18 Prob. & Prop. 39
Available at: http://scholarlycommons.law.hofstra.edu/faculty_scholarship/409