Abstract

http://ssrn.com/abstract=1281002
 


 



Estate of Clack: Adding Insult to Injury, or More Problems with the QTIP Tax Provisions


Wendy C. Gerzog


University of Baltimore - School of Law

October 8, 2008

Southern California Review of Law and Women's Studies, Vol. 6, No. 1, 1996

Abstract:     
The article reviews Estate of Clack v. Commissioner. First, the article explains how that case was wrongly decided both in terms of the statute and in the fact that it is inconsistent with most tax elections and determination dates. Second, the article shows how this case adds insult to injury to the "women-deserve-only-income" attitude of the QTIP provisions. Third, the article explains the lack of a justifiable policy goal in giving a special tax break to remarried men with children from an earlier marriage. Fourth, the article explains how Clack has created a multitude of fiduciary liability problems when an executor makes an election under these circumstances.

Number of Pages in PDF File: 35

Keywords: Estate of Clack, QTIP, qualified terminable interest property, marital deduction, demeans women

JEL Classification: H20, H29, K34

Accepted Paper Series





Download This Paper

Date posted: October 11, 2008  

Suggested Citation

Gerzog, Wendy C., Estate of Clack: Adding Insult to Injury, or More Problems with the QTIP Tax Provisions (October 8, 2008). Southern California Review of Law and Women's Studies, Vol. 6, No. 1, 1996. Available at SSRN: http://ssrn.com/abstract=1281002

Contact Information

Wendy C. Gerzog (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4522 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 378
Downloads: 27

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.328 seconds