The Internal Revenue Service has demonstrated many times its belief that when nine states adopted the community property system, they did so for the sole purpose of frustrating the transfer tax (and earlier the income tax) system. This same kind of paranoia infects the Service's approach to the use of trusts as beneficiaries of qualified plans and individual retirement accounts. Beginning in 1987 with the proposed regulations for Internal Revenue Code Section 401(a)9, the IRS in both its ...

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