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Fewer estates are now subject to federal estate taxes, thanks to the $5 million federal estate tax exemption. Internal Revenue Service data indicates that only 8,239 estates larger than $5 million filed a federal estate tax return in 2009, the most recent year for which data is available.1 In sharp contrast, more than 108,000 federal estate tax returns were filed nationwide as recently as 2001. However,

Richard A. Behrendt, Senior Vice President, Director of Estate Planning

August 1, 2011

26 Min Read
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Richard A. Behrendt

Fewer estates are now subject to federal estate taxes, thanks to the $5 million federal estate tax exemption. Internal Revenue Service data indicates that only 8,239 estates larger than $5 million filed a federal estate tax return in 2009, the most recent year for which data is available.1 In sharp contrast, more than 108,000 federal estate tax returns were filed nationwide as recently as 2001.

However, the smaller number of estate tax returns filed for deaths in 2011 and 2012 will be subject to a heightened level of government scrutiny as IRS auditors comb through a declining inventory of estate tax returns to audit. In particular, the estate tax returns filed for decedents who owned an interest in a family limited par...

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About the Author

Richard A. Behrendt

Senior Vice President, Director of Estate Planning, Baird's Private Wealth Management Group

Rich Behrendt is Director of Estate Planning for Baird’s Private Wealth Management group. In this role, he serves as a general estate planning resource for Baird Financial Advisors and their higher net-worth clients. His specific duties include evaluating existing estate plans and documents, creating customized estate planning reports, and modeling various estate tax planning strategies using state of the art estate planning software.

Prior to joining Baird in 2006, Rich spent twelve years working as an Estate Tax Attorney with the Internal Revenue Service. His responsibilities at the IRS involved auditing estate, gift, and fiduciary income tax returns. He audited estates with a typical $5-10 million net worth, and in some cases significantly more. He specialized at the IRS in auditing Family Limited Partnerships and other more controversial estate planning techniques.

Rich earned his law degree from Brooklyn Law School in 1994. He is a member of the State Bar of Wisconsin, Milwaukee Bar Association and Milwaukee Estate Planning Forum. Rich is also an Adjunct Professor of Law at the University of Wisconsin Law School where he teaches a course in advanced estate planning.

Commentary from Rich on a wide range of estate planning topics has been featured in national, regional and trade media such as The New York Times, USA Today, Bloomberg BusinessWeek, Registered Rep., Financial Advisor, Journal of Practical Estate Planning, andTrusts & Estates.