CASE STUDY.

Hackl v. Commissioner of Internal Revenue

Mr. & Mrs. Hackle decided to start a tree farming business, so they created an LLC. Over the years they gifted portions of their business to their children and other family members, trusts, etc. The Hackls claim that their gifts valued less than the annual exclusion and thus were not reportable to the IRS. The judge ruled that because of issues of control, the gifts were actually future interests and did not qualify for the annual gift exclusion. The IRS and courts levied heavy tax penalties that ended up costing them hundreds of thousands of dollars.

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