The FLP, the Transfer Taxes, and the Income Tax
Benjamin N. Cardozo School of Law
April 16, 2010
Tax Notes, May 2010
Cardozo Legal Studies Research Paper No. 297
Despite repeated calls for reform, Congress has declined to act to curb transfer tax avoidance through the use of family limited partnerships (“FLP’s"). Use of FLP’s allows taxpayers to substantially leverage their exemption from estate tax, and reduce the effective rate of tax on even the most liquid investment assets. This article reviews the current state of the law in the Tax Court on FLP’s, renews the call for Congressional action, and explains why FLP’s are not just a “death tax” problem.
Number of Pages in PDF File: 19
Keywords: Family Limited Partnership, FLP, Estate Tax, Estate Tax Reform, Basis Inconsistency, Valuation DiscountsAccepted Paper Series
Date posted: April 16, 2010
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