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A Costly and Unnecessary DetourA Costly and Unnecessary Detour

Few things in the tax code are clearer than this: A surviving spouse named as the beneficiary of retirement plan death benefits of a deceased spouse can roll those death benefits into her own individual retirement accounts (IRA). But one regulation is generating confusion about what happens when these death benefits first go to a trust or estate of which the surviving spouse is the sole beneficiary.

Michael J. Jones, Partner

May 1, 2008

11 Min Read
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Micheal J. Jones

Few things in the tax code are clearer than this: A surviving spouse named as the beneficiary of retirement plan death benefits of a deceased spouse can roll those death benefits into her own individual retirement accounts (IRA). But one regulation is generating confusion about what happens when these death benefits first go to a trust or estate of which the surviving spouse is the sole beneficiary. As a result, 45 private letter rulings (PLRs) have been published on this question. So far, the Internal Revenue Service's answer has always been, “Yes, go ahead.” It's high time the Service issue guidance to assure everyone that this is the case.

When a surviving spouse is named as the beneficiary of a qualified plan that the ...

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About the Author

Michael J. Jones

Partner, Thompson Jones LLP

Mike is a partner in Thompson Jones LLP. His tax consulting practice focuses on sophisticated wealth transfer strategy, trust and probate matters (both administration and controversy resolution), family business transitions, and taxpayer representation before the IRS. He is a noted authority on estate planning for IRA and retirement plan benefits, and chairs Trusts & Estates magazine's Retirement Benefits Committee. Mike was listed among CPA Magazine's Top 50 IRS Practitioners and Top 40 Tax Advisors to Know During a Recession.