| Sargent & Lundy Savings Investment Plan |
| BIG, BAD EXECUTOR'S TRAP |
| The following excerpts are from the March 1998 "Bottom
Line Tomorrow". The opinions of the author, David S. Rhine, CPA, may
or may not reflect those of the SIP Committee.
If you serve as the executor of an estate, you can be held personally liable for any unpaid estate taxes that the IRS may determine the estate still owes after its assets have been distributed to heirs. Safety: Ask the IRS for an early audit of the estate and release from any subsequently determined tax bill. How: When filing the estate's return, make an application asking for "discharge from personal liability pursuant to Internal Revenue Code Section 2204." This gives the IRS nine months from the date of the request to examine the estate's return and determine the tax due. After the nine months are up and the tax determined to be due is paid, the executor is discharged from any further liability that may be determined. Even if there is no response from the IRS, the executor is released from personal liability by filing the application. Remember: The estate is still liable. Myth: Living trusts avoid this problem and speed up administration. Reality: Living trusts don't help - the trustee is treated as the executor and can also be personally liable. |
This page updated on 4/1/98