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How I Will Comply With Circular 230How I Will Comply With Circular 230

Circular 230,1 the Internal Revenue Service's pronouncement regulating written tax advice, applies to all tax practitioners, including estate planners like me much as I might wish it affected only nefarious sellers of dubious tax shelters. Here is my analysis of how Circular 230 applies to my standard tax advice regarding two common estate-planning devices, credit shelter trusts and qualified personal

Natalie B. Choate, Of Counsel

July 1, 2005

18 Min Read
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Natalie B. Choate, of counsel, Bingham McCutchen LLP, Boston

Circular 230,1 the Internal Revenue Service's pronouncement regulating written tax advice, applies to all tax practitioners, including estate planners like me — much as I might wish it affected only nefarious sellers of dubious tax shelters. Here is my analysis of how Circular 230 applies to my standard tax advice regarding two common estate-planning devices, credit shelter trusts and qualified personal residence trusts (QPRTs).2

Every tax practitioner must read and study Circular 230; there are no shortcuts. I hope my analysis will help other practitioners confirm or test their own conclusions, or inspire them to let me know where I've gone wrong.

Unlike some commentators, I assu...

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About the Author

Natalie B. Choate

Of Counsel

http://www.nutter.com/

Natalie B. Choate is an Of Counsel in the Trusts and Estates Department. Her practice is limited to estate planning for retirement benefits. Her two books, Life and Death Planning for Retirement Benefits and The QPRT Manual, are leading resources for estate planning professionals.

Natalie is the founder and former chair of the Boston Bar Estate Planning Committee; a former chair of the Boston Bar Employee Benefits Committee; and a member and former officer of the Boston Probate and Estate Planning Forum. She is a fellow and former Regent of the American College of Trust and Estate Counsel and former chairman of its Employee Benefits Committee. Named “Estate Planner of the Year” by the Boston Estate Planning Council, Natalie is listed in The Best Lawyers in America. The National Association of Estate Planners and Councils has awarded Natalie the “Distinguished Accredited Estate Planner” designation.

Her articles on estate planning topics have been published in ACTEC Notes, Estate Planning, Trusts and Estates, Tax Practitioners Journal and Tax Management. She is an editorial advisor for Trusts and Estatesmagazine. She writes a web column and “podcast” for MorningstarAdvisor.com

Natalie has taught professional-level courses in estate planning in 49 states, and has spoken at the Heckerling, Notre Dame, Heart of America, New England, Southern California, Mississippi, Tennessee, Washington State and Southern Federal Tax Institutes. Her comments on estate and retirement planning have been quoted in The Wall Street Journal, Money, Newsweek, Kiplinger’s Personal Finance, Forbes, Financial Planning, Financial World and The New York Times.