Question
Tara transferred stock to her minor daughter using the state's Uniform Transfer to Minor's Act provisions to complete the gift. Her daughter became an adult
Tara transferred stock to her minor daughter using the state's Uniform Transfer to Minor's Act provisions to complete the gift. Her daughter became an adult five years after the custodianship was established and Tara immediately transferred the stock into her daughter's name. Tara died one year after the custodianship ended.
Select the letter corresponding to the IRC section which causes all or a portion of the property, or of the gift tax paid, to be included in the decedent's gross estate. If both 2035(a) and 2036 &/or 2038 apply select 2035(a). Note, IRC 2036 &/or 2038 are listed together because they often overlap.
(1)IRC section 2035(a) which requires inclusion of certain transfers made within three years of death.
(2)IRC section 2035(b) which requires grossing up of certain gift taxes.
(3)IRC section 2036 which requires inclusion of transfers with retained life estate, etc. or IRC section 2038 which requires inclusion of revocable transfers, etc.
(4)IRC section 2041 which requires inclusion of property over which one has a general power of appointment.
(5)None of the above apply and the property is not part of the decedent's gross estate.
a IRC 2041
b IRC 2035(a)
c IRC 2036 &/or 2038
d IRC 2035(b)
e Not part of gross estate
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