ALI-ABA Course of Study Charitable Giving Techniques

Transcription

1 ALI-ABA Course of Study Charitable Giving Techniques Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation July 9-10, 2009 Seattle, Washington PROGRAM FACULTY PARTICIPANTS TABLE OF CONTENTS Page xiii xv STUDY MATERIALS 1. Setting the Stage for Charitable Giving 1 By Martin Hall and Jerry J. McCoy Table of Contents 2 Study Materials 3 2. Charitable Remainder Trusts: Charity Can Begin at Home 59 By Lawrence P. Katzenstein Study Materials 61 Appendix A: Memorandum re: section 7520 rate 90 Appendix B: Sample Charitable Remainder Annuity Trusts 93 Appendix C: Sample Charitable Remainder Unitrusts Investment of Charitable Remainder Trusts in Institutional Endowment 101 Funds The Rulings By Martin Hall Exhibit A: Original Letter Rulings 104 Exhibt C: Redemption of Endowment Units Produces Capital Gain 110 Exhibit B: Backtracking on Lead Trusts Commingling CRT Assets in Endowments By Pamela G. Yang 131 ix

2 5. Giving to the Private Foundation, Donor-Advised Fund and Supporting 137 Organization By Victoria B. Bjorklund Table of Contents 139 Study Materials 141 Exhibit A: Not More Than Incidental Benefits 175 Exhibit B: IRS Announcement Exhibit C: IRS Notice Exhibit D: Private Letter Ruling , Section Exhibit E: Matrix of Control 202 Exhibit F: Family Charities Shift Assets to Donor Funds 203 Exhibit G: Environmental Foundation Expires, as It Always Wanted 205 Presentation Slides Charitable Lead Trusts 219 By Edward Jay Beckwith Table of Contents 221 Study Material 223 Appendix A: Rev. Proc Appendix B: Rev. Proc The Use of Life Insurance in Charitable Planning 311 By Lawrence Brody Table of Contents 313 Study Materials 315 Exhibit A: Charitable Life Insurance Guidelines Charitable Giving Tax Pitfalls: Avoiding; Climbing Out; Cyanide 383 Capsule? By Conrad Teitell Table of Contents 384 Study Materials Charitable IRA Rollover in 2010? 2011? 511 By Professor Christopher R. Hoyt Study Materials 513 Presentation Slides Charities as Beneficiaries Post-Mortem Issues 597 By Lawrence P. Katzenstein Study Materials 599 Appendix A: Example of Code to Calculate Interrelated Estate Tax Charitable Tax-Planning for Closely-Held Businesses and Their Owners 621 By Professor Christopher R. Hoyt Study Materials 623 Presentation Slides 660 x

3 12. Questions for Developing Proposed Intake Guidelines for Acceptance by 671 Charity of Existing Life Insurance Policies; Questions Designed to Develop Proposed Administrative Guidelines for Life Insurance Policies Owned by Charity Insuring the Lives of Its Donors By Lawrence Brody Questions Designed to Develop Proposed Intake Guidelines for Acceptance by Charity of Existing Life Insurance Policies Insuring the Lives of Its Donors 673 Questions Designed to Develop Proposed Administrative Guidelines for Life Insurance Policies Owned by Charity Insuring the Lives of Its Donors 676 xi

4 2

5 ALI-ABA Course of Study Charitable Giving Techniques Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation July 9-10, 2009 Seattle, Washington PROGRAM Thursday, July 9, :30 a.m. Registration and Networking Session VIDEO WEBCAST SEGMENT A 8:30 a.m. Introductory Remarks 8:45 a.m. Basic Concepts: Deduction Rules and Non-Trust Planned Gifts Messrs. Hall and McCoy 10:15 a.m. Networking Break 10:30 a.m. Basic Concepts (cont.) 11:15 a.m. Charitable Remainder Trusts Mr. Katzenstein 12:30 p.m. Box Lunch and Keynote Address - Mr. Porter (not webcast or recorded) VIDEO WEBCAST SEGMENT B 1:45 p.m. Investment of Charitable Remainder Trusts in Institutional Endowment Funds Mr. Hall and Ms. Yang 2:45 p.m. Networking Break 3:00 p.m. Private Foundations, Donor-Advised Funds, and Supporting Organizations Mss. Bjorklund and Valas 4:15 p.m. Ethical Considerations in Planned Giving Faculty Panel 5:15 p.m. Adjournment for the Day Friday, July 10, :30 a.m. Networking Session VIDEO WEBCAST SEGMENT C 8:00 a.m. Charitable Lead Trusts Mr. Beckwith 9:30 a.m. Networking Break 9:45 a.m. Use of Life Insurance in Charitable Giving Mr. Brody 10:45 a.m. Charitable Giving Tax Pitfalls; Avoiding; Climbing Out; Cyanide Capsule Mr. Teitell 11:45 a.m. Lunch Break xiii

6 VIDEO WEBCAST SEGMENT D 1:00 p.m. Use of Qualified Plans in Charitable Giving Professor Hoyt 2:00 p.m. Issues in the Administration of Estates with Charitable Beneficiaries Mr. Katzenstein 2:30 p.m. Networking Break 2:45 p.m. Charitable Planning Techniques with S Corporation Stock and Other Unusual Assets Professor Hoyt 4:00 p.m. Questions and Answers 4:15 p.m. Adjournment Total 60-minute hours of instruction: 13.5, including one hour of ethics 16 CPE credit hours in Taxation (group-live and group-internet-based program) xiv

7 ALI-ABA Course of Study Charitable Giving Techniques Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation July 9-10, 2009 Seattle, Washington PLANNING CHAIR Lawrence P. Katzenstein, Esquire Thompson Coburn LLP Suite 3400 One US Bank Plaza 505 N. 7th Street St. Louis, MO KEYNOTE SPEAKER Drew Porter, Esquire Associate General Counsel The Bill and Melinda Gates Foundation P.O. Box Seattle, WA FACULTY Edward J. Beckwith, Esquire Baker & Hostetler LLP Washington Square Suite Connecticut Avenue, NW Washington, DC Victoria B. Bjorklund, Esquire Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY Lawrence Brody, Esquire Bryan Cave LLP One Metropolitan Square Suite North Broadway St. Louis, MO Martin Hall, Esquire Ropes & Gray LLP One International Place Boston, MA xv

8 Professor Christopher R. Hoyt Professor of Law University of Missouri-Kansas City School of Law Law Rockhill Road Kansas City, MO Jerry J. McCoy, Esquire Law Office of Jerry J. McCoy P.O. Box Washington, DC Conrad Teitell, Esquire Cummings & Lockwood LLC Six Landmark Square Stamford, CT Ms. Karla D Alleva Valas Vice President of Compliance Fidelity Charitable Services Mail Zone: ZE7C 200 Seaport Boulevard Boston, MA Pamela G. Yang, CPA, CFA Senior Vice President Trust Operations & Investments Harvard Management Company 13 th Floor 600 Atlantic Avenue Boston, MA NOTE: Please go to for biographical information on this faculty. xvi