Problem

S1 died in December of 2013, when the exemption amount for the estate tax was $5,250,000. At his death, S1 owned property worth $12 mil. During his lifetime, S1 did not make any taxable gifts. At S1's death, an AsuperB Trust Plan was put into effect, with S1's property being put into the Super-B Trust. When S2 died in February of 2015, she owned property worth $1,430,000 S1's executor has not yet filed S1's estate tax return. Assume the value of the Super-B Trust has not changed during the period between S1's death and S2's death (i.e., still $12 mil.). When S1's estate tax return is filed, to what extent, if any, should S1's executor make the QTIP election for S1's $12 mil. super-B Trust? For this question, disregard the implications, if any, of the PTC. Also, assume that S1's executor will not elect portability with respect to any of S1's 2013 AEA.

a. None of the other answers is correct. See my Supporting Documents submission for my answer, reasoning, and/or computations.

b. S1's executor should make the QTIP election with respect to $6,750,000 of the value in the Super-B Trust, which pushes S2's taxable estate to $8,180,000 and leaves S1's taxable estate at $5,250,000.

c. S1's executor should make the QTIP election with respect to $4 mil. of the value in the Super-B Trust (i.e., a 1/3 QTIP election), which pushes S2's taxable estate to $5,430,000 and leaves S1's taxable estate at $6.5 mil.

d. S1's executor should not make the QTIP election with respect to the Super-B Trust, which leaves S2's taxable estate at $1,430,000 and leaves S1's taxable estate at $12 mil.

e. Since the estate tax rates are the same in both 2013 and 2015, there is no advantage or disadvantage regarding the QTIP election in S1's estate--it doesn't matter.

f. S1's executor should make the QTIP election with respect to the full $12 mil. of the value in the Super-B Trust (i.e., a 100% QTIP election), which pushes S2's taxable estate to $13,430,000 and leaves S1's taxable estate at $0.