Structuring Special Needs Trusts as IRA Beneficiaries: Avoiding Tax Traps in Funding SNTs With Retirement Accounts

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Structuring Special Needs Trusts as IRA Beneficiaries: Avoiding Tax Traps in Funding SNTs With Retirement Accounts TUESDAY, APRIL 19, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Elizabeth L. Gray, Principal, McCandlish Lillard, Fairfax, Va. Scott K. Tippett, Attorney, The Tippett Law Firm, Oak Ridge, N.C. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10. NOTE: If you are seeking CPE credit, you must listen via your computer phone listening is no longer permitted.

2 Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial and enter your PIN when prompted. Otherwise, please send us a chat or sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. NOTE: If you are seeking CPE credit, you must listen via your computer phone listening is no longer permitted. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

3 Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you that you will receive immediately following the program. For CPE credits, attendees must participate until the end of the Q&A session and respond to five prompts during the program plus a single verification code. In addition, you must confirm your participation by completing and submitting an Attendance Affirmation/Evaluation after the webinar and include the final verification code on the Affirmation of Attendance portion of the form. For additional information about continuing education, call us at ext. 35.

4 Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

5 Structuring Special Needs Trusts as IRA Beneficiaries Elizabeth L. Gray, Esq. 5

6 Special Needs Trusts Why? SNTs avoid many of the costly mistakes people make when planning for a child with special needs, such as: Disinheriting your child Relying on your other children to provide for child with special needs Failing to provide privacy for the child with special needs Inheritances = over-resources Personal Injury settlements = over-resources/spending all the funds at young age leaving child destitute 6

7 Special Needs Trusts Criteria for eligibility for means-based benefits: </= $2,000 Resources & Low Income Options: Accept the Money Transfer penalty period issues Spend down the Money No Government benefits 7

8 Special Needs Trusts Benefits of SNTS: Protects eligibility for government benefits i. Required to be disregarded as available income and resources for eligibility purposes ii. Assets in SNT are NOT owned by the beneficiary iii. No transfer penalty period for funding the SNT 8

9 Special Needs Trusts Benefits of SNTS, continued: Provides for a higher quality of life Provides framework for care and management of assets Allows the parent to express his/her desires for child with special needs (Memorandum of Intent) Protects assets from creditors and predators Extends life of assets 9

10 Special Needs Trusts 2 Types of Special Needs Trusts First-party Trust Self-settled Trust 1396p(d)(4)(A) Trust Payback Trust Pooled or (d)(4)(c) Trust (d)(4)(b) or Miller Trust 10

11 Special Needs Trusts 2 Types of Special Needs Trusts Third-Party Trust Family Funded Trust Non-Payback Trust 11

12 Special Needs Trusts 1 st Party Special Needs Trusts Protects the resources of individuals with disabilities without sacrificing their government benefits; Must be in writing; Must be irrevocable; Must be Inter-Vivos. 12

13 Special Needs Trusts 1 st Party Special Needs Trusts A trust created for the sole benefit of an individual with disabilities when such an individual is under the age of sixty-five (65). Trust established by the individual s parent, grandparent, legal guardian or court; Assets not available; Distributions not considered income; No penalty period for SSI & Medicaid; 13

14 Special Needs Trusts 1 st Party Special Needs Trusts Gifts to this type of trust should NOT be made by third parties! Sole Benefit Rule: the disabled individual must be the sole beneficiary of the trust during his/her lifetime Payback Provision: funeral expenses cannot be paid after death; Multiple states = pro rata 14

15 Special Needs Trusts 1 st Party Special Needs Trusts Why do it? Reimbursement is only for Medicaid, not all public benefits Reimbursement is based on the actual Medicaid expenditures, not prevailing market costs No interest Some services not covered by Medicaid 15

16 Special Needs Trusts 1 st Party Special Needs Trusts Please see the Fact Guide for National Trust Training 16

17 Special Needs Trusts 3 rd -Party Special Needs Trusts Can direct corpus at death of the beneficiary to any individual (no payback requirement!) Not described in any federal statute Designed to supplement, rather than supplant, government benefits for which the individual is otherwise eligible 17

18 Special Needs Trusts 3 rd -Party Special Needs Trusts Why do it? Improves the quality of life of an individual with disabilities Medicaid has no right of recovery/no payback requirement Can be Inter-Vivos or Testamentary Can be for the benefit of an individual of any age At death of the beneficiary, any remaining money can go to other family members 18

19 Special Needs Trusts Drafting Practices & Funding the Trust 1. Where the trust is being established by a parent or grandparent, the parent/grandparent MUST execute the trust and SEED the trust: Initial funding MUST be from the parent/grandparent and NOT the beneficiary 2. Where the trust is being established by a court the order MUST establish and direct the transfer of the beneficiary s assets. 19

20 Special Needs Trusts Drafting Practices & Funding the Trust, continued 3. In defining the term special needs for distribution purposes, SNT attorneys have traditionally included a list of specific distributions that could be made from the trust. This laundry list has proven problematic when it includes items which Social Security later deems improper. 20

21 Special Needs Trusts Drafting Practices & Funding the Trust, continued 4. A 3rd party special needs trust must be irrevocable to the beneficiary (POMS Rule). It was believed that this required the trust be initially irrevocable, but today we know that a revocable 3rd party SNT is allowed so long as the beneficiary cannot have access to the trust assets. 5. Even when the trust converts to irrevocable, needs to include flexibility: Trust Protector Trust Advisory Committee Trustee 21

22 Special Needs Trusts Drafting Practices & Funding the Trust, continued 4. A 3rd party special needs trust must be irrevocable to the beneficiary (POMS Rule). It was believed that this required the trust be initially irrevocable, but today we know that a revocable 3rd party SNT is allowed so long as the beneficiary cannot have access to the trust assets. 5. Even when the trust converts to irrevocable, needs to include flexibility: Trust Protector Trust Advisory Committee Trustee 22

23 Special Needs Trusts Drafting Practices & Funding the Trust, continued 6. The advantages of the trust being revocable to the grantor: Changes can easily be made No tax return Assets if any are taxed to the grantor Assets get a step up in basis upon the death of the grantor Example trust holding real estate 23

24 Special Needs Trusts Drafting Practices & Funding the Trust, continued 6. IRA Distributions to SNT Accumulation Language Not Conduit Language 7. Crummy Powers vs. Cristofani Powers 8. ABLE Accounts together with SNTs 24

25 Special Needs Trusts Drafting Practices & Funding the Trust, continued 9. The drafter of a first-party SNT should: immediately report the creation and funding of the trust to the SSA and local Medicaid eligibility office or make sure that he or she documents in writing that he or she has educated the trustee and beneficiary about these rules, and designate professional trustees who know the SSI, Medicaid and Section 8 housing distribution rules, or document in writing that he or she has educated the trustee about these rules. 25

26 Special Needs Trusts Drafting Practices & Funding the Trust, continued 10.With the passage of the National Defense Authorization Act of 2015, Congress has, for the first time, allowed military members to name special needs trusts as beneficiaries of Survivor Benefit Plans (SBP). This means that military families will finally be able to direct SBPs to their children with special needs without compromising the childrens ability to access government disability and medical benefits. 26

27 Thank you Elizabeth L. Gray, Esq. McCandlish Lillard Random Hills Road, Suite 500 Fairfax, Virginia (703)

28 Structuring Special Needs Trusts as IRA Beneficiaries Scott K. Tippett

29 Why are IRAs and Qualified Plans so important? Approximately $14 Trillion Dollars in Qualified Plans right now; Approximately $5 Trillion Dollars in IRAs; Second most popular account in households behind checking account; Comprise a large percentage of personal wealth; Special income tax, GST and estate tax considerations; Governed by federal and state law; Beneficiaries are determined by designation form provided by the trustee/custodian. 29

30 What Laws Govern IRAs? Federal Law: IRC 408 and 408A Requirements IRC 401 Distribution Rules Other Tax Law Income Tax, Estate Tax, GST Bankruptcy Law Private Letter Rulings, Revenue Rulings, etc. 30

31 What Laws Govern IRAs (continued)? State Law: Uniform Principal and Income Act Guardianship Intestacy Elective Share, Common Law, Divorce Asset Protection Case Law 31

32 What Governs IRAs (continued)? IRA Agreement/Contract: Beneficiary default language (estate versus surviving spouse) Per stirpes versus per capita Payout options during lifetime and post-mortem Governing law Arbitration clauses 32

33 Estate Tax Issues Post-Death Issues Wills control probate assets Trusts control trust assets IRAs and qualified retirement plans are controlled by beneficiary designation form or default provisions of contract 33

34 Estate Tax Issues Post-Death Issues Post-death RMDs based on whether designated beneficiary exists Only individuals with quantifiable life expectancy can be designated beneficiaries If trust qualifies, look through to underlying trust beneficiaries Distribution out of trust to beneficiary does not make the beneficiary the designated beneficiary 34

35 Estate Foundation Tax Issues Concepts Post-Death Issues Permissible designated beneficiaries : Individuals Spouse Child Grandchild Parent Brother/sister Niece/Nephew Neighbor Certain trusts 35

36 Estate Foundation Tax Issues Concepts Post-Death Issues Death before age 70½ Five-year rule Exceptions to the five-year rule Delayed distributions spousal beneficiary Spousal beneficiary special trust problem Death after age 70½ Life expectancy distributions if you have a designated beneficiary Distributions must begin by December 31st of the year after death Year of death distribution life expectancy of IRA owner 36

37 Estate Foundation Tax Issues Concepts Post-Death Issues Death Before Required Beginning Date Death On or After Required Beginning Date Designated Beneficiary Life Expectancy Rule Life Expectancy Rule Non- Designated Beneficiary Five-Year Rule Ghost Life Expectancy Rule 37

38 IRAs Payable to Trusts Advantages of Using a Trust Spendthrift protection Creditor protection Divorce protection Special needs Investment management Estate planning Dead-hand control 38

39 Advantages of IRA Trusts PLR shows how the typical provisions of a family revocable trust, inserted to obtain maximum flexibility, can defeat the Participant s goal to stretch the IRA. PLR shows what must be addressed to enable a family trust to qualify as a conduit trust to permit a spousal rollover and permit children to transfer their shares to inherited IRAs. This PLR also discusses the use of a disclaimer preserve the stretch-out of RMDs over a beneficiary s life expectancy. This PLR provides a good road map for cleaning up a problem trust. PLR reinforces the necessity to comply with the separate account rule when naming of the beneficiaries of an individual s IRA account. PLR shows how retirement benefits payable to a trust can qualify for the stretch out notwithstanding a broad power of appointment exercisable in favor of a class of permissible appointees, along with a charity as the ultimate beneficiary. Can a trust taxed as a grantor trust for income tax purposes be an IRA beneficiary? PLRs (okay to transfer inherited IRA to a special needs trust) and PLR (okay to transfer minor s beneficiary share of decedent s IRA to a grantor trust) say yes, but PLR says no when the Participant wanted to transfer his IRA to a special needs trust that was a grantor trust for income tax purposes

40 IRAs Payable to Trusts Disadvantages of Using a Trust Trust tax rates Legal and trustee fees Trust income tax returns K-1 Greater complexity 40

41 IRAs Payable to Trusts Naming a Trust as a Beneficiary of an IRA IRA Beneficiary Designation Form Trust IRA distributions over the life expectancy of the oldest beneficiary Spouse Children 41

42 IRAs Payable to Trusts Naming a Trust as a Beneficiary of an IRA Four Requirements 1. Trust is valid under state law Treas. Reg (a)(9)-4, Q&A 5(b)(1) 2. Trust is irrevocable upon death of owner Treas. Reg (a)(9)-4, Q&A 5(b)(2) 3. Beneficiaries of the trust are identifiable from the trust instrument Treas. Reg (a)(9)-4, Q&A 5(b)(3) 4. Documentation requirement is satisfied Treas. Reg (a)(9)-4, Q&A 5(b)(4) 42

43 IRAs Payable to Trusts Naming a Trust as a Beneficiary of an IRA Types of IRA Trusts Conduit trusts A trust in which all distributions (RMDs and any other distributions/withdrawals) from the IRA are required to be distributed to or for the benefit of the trust beneficiary, and cannot be accumulated by the trustee Accumulation trusts A trust in which distributions from the IRA are allowed to accumulate within the trust Stronger asset protection than a conduit trust 43

44 Conduit Trusts as SNTs Conduit Trusts -- Conduit beneficiary could potentially receive the entire IRA balance if the beneficiary lives to full life expectancy. -- Contingent trust beneficiaries (charities, the conduit bene s spouse, siblings, issue, appointees under a testamentary general or limited power of appointment are mere potential successors and do not have to be counted.

45 Conduit Trusts as SNTs If the trust document allows the trustee to withdraw more than the RMDs, then any of those withdrawals must also be distributed to or for the benefit of the conduit trust beneficiary.

46 IRAs Payable to Conduit Trusts Naming a Trust as a Beneficiary of an IRA Conduit Trust Example IRA If Grandchildren die before reaching age 30 Trust Mother Age 80 Discretionary Distributions, but no less than total withdrawals from IRA Entire Trust outright upon Grandchildren reaching age 30 Child age 30 Child age 30 Mother is not countable for determining applicable life expectancy Treas. Reg (a)(9)-5 Q&A 7 46

47 Conduit Trusts as SNTs Is a conduit trust appropriate for a special needs child who is receiving and depends upon means tested government benefits (SSI and Medicaid)? 47

48 Conduit Trusts as SNTs Generally NO. Because the RMDs and other distributions from the IRA must be distributed to or for the benefit of the beneficiary of a conduit trust, the conduit trust distributions would likely cause the special needs child to lose his or her benefits. 48

49 Conduit Trusts as SNTs If loss of means tested benefits is not an issue, a conduit trust could be used to insure the benefits are paid over the special needs beneficiary s life expectancy. 49

50 Conduit Trusts as SNTs In this case, trust should be drafted to give the trustee broad powers to invade the IRA for changing medical, psychological, and social needs of the special needs beneficiary. Trust should also give the trustee power to spend down the assets, as opposed to continuing the stretch-out, if the receipt of SSI and Medicaid benefits would be of greater benefit to the special needs beneficiary. 50

51 Conduit Trusts as SNTs A Better Approach Using Conduit Trusts as SNTs? Combine the conduit trust as SNT with a thirdparty created and funded SNT. If spend down of the Conduit-SNT is needed or simply occurs, the third-party SNT, which would NOT hold retirement account assets, will permit the special needs beneficiary to qualify for and receive SSI and Medicaid. 51

52 IRAs Payable to Accumulation Trusts Naming a Trust as a Beneficiary of an IRA Accumulation Trust An accumulation trust is any trust that is not a conduit trust, which means the trustee has the power to accumulate plan distributions within the trust. As the name implies, an accumulation trust permits the trustee to accumulate (not distribute) RMDs and other withdrawals to the beneficiaries. Trustee still must be able to look through the trust and determine which beneficiaries will receive the retirement account proceeds. 52

53 Accumulation Trusts as SNTs The key issue in analyzing an accumulation trust is to determine which beneficiaries are countable. - All beneficiaries are countable unless such beneficiary is deemed to be a mere potential successor beneficiary. 53

54 Accumulation Trusts as SNTs What if the accumulation trust is a dynasty trust so that the trust does not distribute assets outright to a beneficiary living at the account holder s death? Typical dynasty trust default contingent beneficiaries are charities or the grantor s heirs at law. These default contingent beneficiaries would probably have to be included in determining whether the trust qualifies as a see-through trust and whether the default contingent beneficiaries will be treated as designated beneficiaries. 54

55 Accumulation Trusts as SNTs Problems: - Charity as Contingent Bene. If a charity is named as a default contingent beneficiary, the trust will fail as a see-through trust because the charity is not an individual, unless the trustee can convince the contingent beneficiary charity to disclaim its interest by 9/30 of the year following the year of the participant s death. See PLR

56 Accumulation Trusts as SNTs Problems: - Heirs at Law as Contingent Bene If the account holder s heirs at law are much older than the intended trust beneficiary, the payout could be over a much shorter time frame. Recall, unless the separate share rule applies, you must use the oldest beneficiary as the measuring life. 56

57 IRAs Payable to Accumulation Trusts Naming a Trust as a Beneficiary of an IRA Accumulation Trust Example IRA Trust Discretionary Distributions Grandchildren Sister measuring life for determining required minimum distributions Facts same as PLR Entire Trust outright upon Grandchildren reaching age 30 Grandchildren If Grandchildren die before reaching age 30 Sister Age 67 57

58 Accumulation Trusts as SNTs Advantages Issues With Accumulation Trusts Some or all of the potential remainder beneficiaries are not disregarded for RMD purposes, which means an accumulation trust should not include remainder beneficiaries older than the lifetime beneficiary. Contingent beneficiaries may not include one or more charities or an undetermined surviving spouse, otherwise it may be deemed to have no designated oldest beneficiary. An accumulation trust may not include a limited testamentary power of appointment in favor of charities, surviving spouses, or older beneficiaries. 58

59 Accumulation Trusts as SNTs Accumulation trusts, where drafted as a thirdparty created and funded SNT usually work well for a special needs beneficiary because: The trustee can be given sole discretion to accumulate or distribute income or principal over the special needs beneficiary s lifetime in a manner that would not cause the loss or reduction of means tested benefits. 59

60 Accumulation Trusts as SNTs-Advantages Modified Accumulation Trust* Features of a Modified Accumulation Trust An A share and a B share; the A share receives benefits from all qualified plans and IRAs, the B share is everything else Testamentary appointees of the A share are limited to descendants of the primary current beneficiary in the same or younger generation as the primary current beneficiary. If surviving spouse is permitted appointee of the A share, specify that surviving spouse is no older than a designated number of years older than the primary beneficiary. 60

61 Accumulation Trusts as SNTs-Advantages Modified Accumulation Trust Provides that certain remaindermen are deemed to be predeceased in the event the current beneficiary dies before the trust terminates. These remindermen can receive a preferential distribution of the B share. Can provide for an adjustment mechanism to offset any difference in tax consequences between the A share and B share beneficiaries. 61

62 Accumulation Trusts as SNTs Solution to This Varied Landscape? An accumulation trust or modified accumulation trust. With the power to accumulate, the trustee can elect to accumulate the retirement benefits instead of passing the benefits out to the beneficiary. Possible to draft trust that starts out as a conduit trust, but a triggering event turns it into an accumulation trust. 62

63 Accumulation Trusts as SNTs Drafting Tips: 1. DO name as remainder beneficiaries, only those individuals who are younger or close in age to the special needs beneficiary. 2. DO NOT name a charity as a beneficiary or include a GPOA that can be exercised in favor of the beneficiary s estate or another entity. 3. DO NOT give the special needs beneficiary a GPOA because that may cause the entire IRA as an available asset, thereby causing a reduction or loss of means tested benefits. 4. DO NOT give the special needs beneficiary a limited power of appointment without restricting the power to be exercised only in favor of appointees younger than the special needs beneficiary as of the date of the account owner s death. 63

64 Other Drafting Considerations Revocable vs. Irrevocable Revocable Allows easy changes to trust May open IRA to account owner s creditors at death (Commerce Bank v. Bolander, 2007 WL , Kan. App. 2007) UTC state Irrevocable May not be changed, but a new trust can be drafted and the beneficiary designation simply changed Protects against Commerce Bank case problem 64

65 Paying IRAs to Trusts Separate Share Rule Payable to single trust No separate shares identified in the beneficiary designation form IRA paid over oldest life expectancy 65

66 Paying IRAs to Trusts Separate Share Rule IRA payable to multiple trusts Each trust named in beneficiary designation form IRA paid over each separate trust beneficiary s life expectancy 66

67 Paying IRAs to Trusts Separate Share Rule PLR Ruling 1: Each Beneficiary s Trust Share Qualified for Maximum Stretch-out. Upon the death of the Settlor, the IRA stand-alone trust creates separate shares for each beneficiary (in this case, separate shares for 9 beneficiaries), each trust share treated effective ab initio to the date of the Decedent s death and each share functioned as a separate and distinct trust for the beneficiary. The beneficiary designation form named each separate share as a primary beneficiary of the IRA. Before the December 31 st deadline, the IRA was divided into separate accounts for each share. Held: Separate account treatment permitted; MRD of the IRA for each separate trust share measured by the lifetime of its sole beneficiary for whom the share was created. 67

68 Paying IRAs to Trusts Separate Share Rule PLR Ruling 2: Allowance of One-Time Toggle Between Accumulation and Conduit Trust. Each separate share in the IRA stand-alone trust had language structuring the separate share as a conduit trust. The trust provided for an independent 3 rd party, as trust protector to transform each sub-trust to an accumulation trust in the protector s sole discretion by voiding the conduit provisions ab initio. Trust Protector had the authority to limit the initial trust beneficiary ab initio. After Participant s date of death, Trust Protector exercised toggle and converted one share to an accumulation trust. Held: Each share can use that the life expectancy of its initial beneficiary to measure the MRD for that share. 68

69 Paying IRAs to Trusts Separate Share Rule PLR Ruling 3: Payment of Expenses from IRA not considered an accumulation. The trust provided that Trust expenses may be deducted prior to any such payment to or for the benefit of the beneficiary of the trust share if the deduction does not disqualify the status of the trust as a conduit trust. This paragraph may be rendered void, ab initio, by the Trust Protector... Held: Each share can use that the life expectancy of its initial beneficiary to measure the MRD for that share. Why? Even with the deduction for payment of trust expenses, no amounts distributed to the trust during the beneficiary s lifetime would be accumulated in the trust, and thus would not be kept in the trust for the benefit of any future beneficiaries. Treas. Reg (a)(9)-5 Q&A 7(c)(3), Example 2. 69

70 Paying IRAs to Trusts Separate Share Rule PLR Ruling 4: The trust assets will not be included in the estate of the primary beneficiary of a share upon that beneficiary s death. Each trust share would accumulate the net income of the trust, and distributions of income and principal could distribute accumulated income and principal to the primary beneficiary for his or her health, education, maintenance and support only. The document did not grant any beneficiary a general power of appointment over his or her share. Held: The provisions of the trust could not result in estate inclusion for the estate of a primary beneficiary upon his death. 70

71 Paying IRAs to Trusts Reforming Beneficiary Designations PLR Daughter's life expectancy could be used. Even though no contingent beneficiaries were named, court reformed beneficiary designation to name daughters as contingent beneficiaries of IRA. IRS is currently rethinking this position. 71

72 Paying IRAs to Trusts Reforming Beneficiary Designations PLR Service ruled that the retroactive reformation of a trust would not be respected for purposes of section 401(a)(9) and the related regulations. The trustee reformed the trust pursuant to a state court order to remove charities under a limited power of appointment granted to first tier beneficiaries. The adverse ruling means the trust was not treated as a designated beneficiary trust ( DBT ) and that the trust beneficiary s life expectancy could not be used for determining required minimum distributions. 72

73 Resources on IRA Rules Life and Death Planning for Retirement Benefits by Natalie Choate th Ed. (Ed Slott, CPA) Robert Keebler, CPA IRS Publication

74 Resources on Estate Planning for Special Needs Beneficiaries Estate Planning for a Family with a Special Needs Child, Sebastian V. Grassi, Jr., Probate and Property (July/August 2009) Estate Planning for a Family with a Special Needs Child: Part 2 Trusts as Beneficiaries of Retirement Plan Benefits, Sebastian V. Grassi and Nancy H. Welber, Jr., Probate and Property (September/October 2009) 74

75 Contact Information: Scott K. Tippett* The Tippett Law Firm, PLLC T: (336) F:(336) E: Thank you for attending! * Admitted in Georgia, North Carolina, and United States Tax Court 75