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CPA Story (SM)
By Frank Sisco
Copyright 2000 Frank Sisco
For info, contact Frank Sisco at 914.381.3737
Before your father dies, he should withdraw his IRA and pay the income taxes.
 
I met KH in 1997 in a self-empowerment seminar about Creativity or Integrity or something like that, sponsored by Landmark Education Corporation. We were in the same subgroup which numbered 5 people out of the 80 or so in the entire seminar class which met each Tuesday for 10 weeks. We got to share with each other various life philosophies, views about relationships, work and money, and so on. KH was unemployed and trying to start a consulting practice advising clients on business management and human resources issues, with which he had some experience. I did not promote myself to him as a financial advisor, but after the seminar series I got a call from him, requesting my help on investing a moderate sum of money. I helped him determine his goals and match them with appropriate investments. I implemented the ideas for him by selling him the investments.
 
As I explored his goals and objectives and found out more about his family relationships, I found out that he and his sister were beneficiaries on their father’s IRA account which was worth over $1.2 million. Their father was a successful attorney, amassed quite a sum, and now was just months away from death due to terminal cancer. I offered my help to review the financial situation to determine if there were any strategies to implement before his death. Due to their fee sensitivity, I offered my services of a preliminary review, KH said his father was relying solely on his own CPA who said there was nothing to do to cut taxes, either estate taxes or income taxes. I told KH that I believed there could be significant savings and to try to get me an audience with his father and advisors. Noting came of it. A few months later, KH called me about his investments and then he mentioned his father being very ill, and that the doctors expected him to die that weekend. I expressed my sympathies, and then I asked if the family ever took any action about the IRA. I just could not let the matter lie. KH explained they did not do anything, and that his father’s CPA and attorney felt there was nothing that could be done to save taxes.
I said to KH that I believed that if his father withdrew all the money from his IRA and paid the related income taxes, that it would save quite a bit of money compared to having KH and his sister inherit the IRA and pay income taxes in their own returns. (KH told me that he and his sister planned to cash in the IRA when they received the funds and not try to defer it.) The reason for the savings, in summary, was that the income taxes if paid before death by their father would then be out of the estate at death and thus not subject to estate taxes. So that I could drive the point home and KH could see for himself the importance of the idea, I asked KH, on the other end of the phone, to right then and there take a pencil and a sheet of paper. I then asked him to write down the following information so he and I could discuss it so that he understood it well enough to then convey to his sister and the both of them then appeal to his father’s attorney for quick action. The action would be to for his father the next day to withdraw money from his IRA and to make a payment of the estimated income taxes to the IRS. He agreed to take down the info. The info was as follows:
Total IRA - $1,200,000
less Income in Respect of Decedent Deduction - $600,000 (calculated at 50% estate tax rate of estate with and without the IRA)
Equals $600,000 taxable income related to IRA
Multiplied by 40% Federal income tax rate
Equals $240,000
Multiplied by 50% estate tax rate
Equals $120,000 which is the amount of money saved by withdrawing the IRA now and paying the income taxes now.
I asked him to take the figure $120,000 and divide it by 2 to equal $60,000, which is his share. His sister’s share of extra money is the other $60,000. I then asked him to go over each line again and asked whether he felt it was worth $60,000 to him to at the last minute try to influence his father’s attorney and CPA to do what I suggested. He agreed immediately. It was Wednesday. He called me Friday to tell me it had been all handled. His father died on Sunday. The strategy saved $60,000 for KH and $60,000 for his sister.
 
A few months later, KH called me to help him to invest the monies he received from the settlement of the estate. Often a client relationship can start from just sharing life experiences and grow significantly.