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Election 2020: The Future of Estate and Gift TaxesElection 2020: The Future of Estate and Gift Taxes

A panel of tax experts discuss what might happen to estate and gift taxes if the Democrats win the presidential election.

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With the November presidential election rapidly approaching, the country is more divided than at any time in recent memory.

That stark partisan rift ensures that a number of potential policy questions for planners could have wildly divergent answers depending on what party comes out on top. 

In this excerpt from a recent webinar presented by Oppenheimer's Jonathan I. Shenkman, moderator Susan Lipp, editor in chief of Trusts & Estates, and a panel of tax experts weigh in on what a Democratic win could mean for the future of estate and gift taxes. 

The experts include:

  • Al W. King III, co-founder, co-chairman and co-chief executive officer, South Dakota Trust Company LLC

  • Martin M. Shenkman, founder, Shenkman Law 

  • Joy Matak, principal and tax director, CohnReznick

Stay tuned for more excerpts from this panel regarding other topics dealing with taxes and the upcoming election.

 

 

About the Authors

Jonathan I. Shenkman

President, Shenkman Wealth Management

Jonathan I. Shenkman, President, Shenkman Wealth Management.

Al W. King III

Co-Founder, Co-Chairman and Co-Chief Executive Officer, South Dakota Trust Company

 

Al W. King III is the Co-Founder, Co-Chairman and Co-Chief Executive Officer of South Dakota Trust Company, LLC (SDTC) and based in the New York City office. SDTC is a national trust boutique for the wealthy headquartered out of Sioux Falls, South Dakota serving clients nationally and internationally.

Mr. King was previously Managing Director and National Director of Estate Planning for Citigroup. Mr. King was also the Co-Founder and Vice Chairman of Citicorp Trust South Dakota. Mr. King also previously served as Director of Financial and Estate Planning for Coopers and Lybrand in Stamford, Connecticut.

Prior to joining Coopers and Lybrand, Mr. King was a Vice President and Director of Financial and Estate Planning with Shawmut Bank and the Northeast Director of Financial and Estate planning for Prudential-Bache Securities. Mr. King was also a Senior Staff Attorney/Financial Counselor with the AYCO Corporation, a fee-based financial counseling firm.

Mr. King is the Co-Vice Chairman of the Editorial Board of Trusts & Estates Magazine. He has been a member of the Editorial Board for 20 years. Mr. King has been inducted into the National Association of Estate Planners & Councils (NAEPC) Estate Planning Hall of Fame as an Accredited Estate Planner (AEP), Distinguished. In addition, Mr. King currently serves on the Board of Directors for NAEPC and is the Chairman of the NAEPC Foundation Advisory Board. He is also a member of several groups and organizations including the Society of Trust and Estate Professionals (STEP), the International Association of Advisors in Philanthropy (AiP), New York Philanthropic Advisors Network (NYPAN), Fairfield County and New York City Estate Planning Councils, etc. In addition, he is frequently published and quoted by several publications on various Estate Planning topics and addresses several professional organizations, special interest groups, and general audiences on the subject of estate and financial planning.

Mr. King received a Bachelor of Arts cum laude from Holy Cross College, a Juris Doctor from Syracuse University Law School and an LL.M. in Tax Law from Boston University School of Law. 

Martin M. Shenkman

www.shenkmanlaw.com

www.laweasy.com

Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD, is an attorney in private practice in Fort Lee, New Jersey and New York City. His practice concentrates on estate and tax planning, planning for closely held businesses, estate administration.  


A widely quoted expert on tax matters, Mr. Shenkman is a regular source for numerous financial and business publications, including The Wall Street Journal, Fortune, Money, The New York Times, and others. He has appeared as a tax expert on numerous public and cable television shows including The Today Show, CNN, NBC Evening News, CNBC, MSNBC, CNN-FN, and others. He is a frequent guest on radio talk shows throughout the country and has a regular weekly radio show on Money Matters Financial Network.

Mr. Shenkman is a prolific author, having published 42 books and more than 1,000 articles.

Mr. Shenkman is an editorial board member of CCH (Wolter’s Kluwer) Co-Chair of Professional Advisory Board, CPA Journal, and the Matrimonial Strategist. He has previously served on the editorial board of many other tax, estate and real estate publications.

Mr. Shenkman has received numerous awards, including: The 1994 Probate and Property Excellence in Writing Award; The Alfred C. Clapp Award presented in 2007 by the New Jersey Bar Association and the Institute for Continuing Legal Education for excellence in continuing legal education; Worth Magazine’s Top 100 Attorneys (2008); CPA Magazine Top 50 IRS Tax Practitioners (April/May 2008); The “Editors Choice Award” in 2008 from Practical Estate Planning Magazine for his article “Estate Planning for Clients with Parkinson’s;”  The 2008 “The Best Articles Published by the ABA” award for his article “Integrating Religious Considerations into Estate and Real Estate Planning;” New Jersey Super Lawyers, (2010-16); 2012 recipient of the AICPA Sidney Kess Award for Excellence in Continuing Education for CPAs; 2013 Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels; Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for efforts on behalf of those living with chronic illness and disability;

Mr. Shenkman's book, Estate Planning for People with a Chronic Condition or Disability, was nominated for the 2009 Foreword Magazine Book of the Year Award. He was named the lead of Investment Adviser Magazine's “all-star lineup of tax experts” on its April 2013 cover. On June 2015, he delivered the Hess Memorial Lecture for the New York City Bar Association.

Mr. Shenkman is active in many charitable and community causes and organizations. He founded ChronicIllnessPlanning.org which educates professional advisers on planning for clients with chronic illness and disability and which has been the subject of more than a score of articles. He has written books for the Michael J. Fox Foundation for Parkinson’s Research, the National Multiple Sclerosis Society and the COPD Foundation. He has also presented more than 60 lectures around the country on this topic for professional organizations, charities and others. More than 50 of the articles he has published have addressed planning for those facing the challenges of chronic illness and disability. Additionally, he is a member of the American Brain Foundation Board, Strategic Planning Committee, and Investment Committee.

Mr. Shenkman received his Bachelor of Science degree from Wharton School, with a concentration in accounting and economics. He received a Masters degree in Business Administration from the University of Michigan, with a concentration in tax and finance. He received his law degree from Fordham University School of Law, and is admitted to the bar in New York, New Jersey and Washington, D.C. He is a Certified Public Accountant in New Jersey, Michigan and New York. He is a registered Investment Adviser in New York and New Jersey.

Joy Matak

Tax Director, CohnReznick

Joy Matak, JD, LLM is a Partner at Sax and Leader of the firm’s Trust and Estate Practice. She has more than 20 years of diversified experience as a wealth transfer strategist with an extensive background in recommending and implementing advantageous tax strategies for multi-generational wealth families, owners of closely-held businesses, and high-net-worth individuals including complex trust and estate planning.

Joy provides clients with wealth transfer strategy planning to accomplish estate and business succession goals. She also performs tax compliance including gift tax, estate tax, and income tax returns for trusts and estates as well as consulting services related to generation skipping including transfer tax planning, asset protection, life insurance structuring, and post-mortem planning.

Joy presents at numerous events on topics relevant to wealth transfer strategists including engagements for the ABA Real Property, Trust and Estate Law Section; Wealth Management Magazine; the Estate Planning Council of Northern New Jersey; and the Society of Financial Service Professionals. Joy has authored and co-authored articles for the Tax Management Estates, Gifts and Trusts (BNA) Journal; Leimberg Information Services, Inc. (LISI); and Estate Planning Review The CCH Journal, among others, on a variety of topics including wealth transfer strategies, income taxation of trusts and estates, and business succession planning. Joy recently co-authored a book on the new tax reform law entitled Estate Planning: Estate, Tax and Other Planning after the Tax Cuts and Jobs Act of 2017.