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Probate,
9th U.S. Circuit Court of Appeals

May 19, 2020

Ruling provides guidance on grantor retained annuity trusts

For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included back into the grantor’s taxable estate. Unfortunately, in Badgley v. United States, the grantor died three months too soon while the strings were still attached.

Carol Kao

Partner
Withersworldwide

Email: carol.kao@withersworldwide.com

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Julie Dewberry

Associate
Withersworldwide

Email: Julie.Dewberry@withersworldwide.com

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For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included back into the grantor's taxable estate. Unfortunately, in Badgley v. United States, 2020 DJDAR 3906 (9th Cir., April 28, 2020), the grantor died three months too soon while the strings were still attached. Last month, the 9th U.S. Circuit Court of A...

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