Family and Tax Planning

Cyrus, the owner of Eden, Inc., died at the end of 2011. He left all of hisassets, including the stock in Eden, to his two sons, Adam and Charles.

Charles had been involved in the running of Eden, a subchapter S corporation, for many years. He had also been successful at several independent ventures so that his income put him in the highest marginal tax bracket.

Adam's interests, on the other hand, generated little income. He hadlimited involvement with the family, or the family business, for several years. In fact, he had left the country and given up his citizenship a few years before Cyrus' death.

Charles was the executor of Cyrus' estate. Charles had completed all the work necessary to wrap up the administration of the estate by the end of 2012, but has not distributed its assets or terminated the estate.

The estate continues to hold all of the stock of Eden, which barely breaks even after paying Charles' salary. Its liquid assets generate about $10,000 of interest income each year. Near the end of 2014, Adam contacted you about the estate. He would like to have it wrapped up and receive his share of the property.

He says that Charles has told him it isbetter, for tax purposes, to keep the estate open. In that way, the tax paid on the interest income is reduced, and Eden's S election is not jeopardized.

What insight can you provide Adam regarding the continued existence of the estate and the potential tax conse-quences of its termination?

Partial list of research aids :PLR 9201016. Brown, Jr. v. U.S. , 65 AFTR 2d 90-448, 890 F.2d 1329, 90-1 USTC { 50026 (CA-5, 1989).