Estate Tax Proposed Changes Would Lose Court Battles

gavel-on-table-300x200-courtesy-missourinet-200x133-2

A Kansas Farm Bureau representative and agriculture law professor says proposed changes to the estate tax would likely be struck down if finalized and litigation followed. Roger McEowen (Mc-Allen) predicts that if the Internal Revenue Service finalized a proposal that would crack down on a tactic for family operated companies to reduce asset values to skirt the estate tax, plaintiffs suing the agency are likely to prevail. Politico reports that the IRS proposal, in general, would end most of the so-called valuation discounts, which can be applied to intra-family transfers of interest when there are restrictions attached, such as on liquidation and voting rights. The American Farm Bureau Federation and its state organizations, including Kansas, plan to request the IRS scrap the entire proposal. McEowen says the issue has been a source of litigation against the IRS, and courts have routinely held that the valuation discount is reasonable.