[EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

Wed Mar 20 11:47:06 PDT 2013

One of the problems with steering a slightly different course is that some may view it as a criticism of past chairs. That criticism is totally undeserved. I believe that Diana and her predecessors have done an outstanding job. As much as I enjoy all my ACTEC endeavors, the Estate and Gift Committee is frequently my favorite meeting.

Diana has always sought participation from all and there have been many lively discussions.  They are often my favorite part of meetings. 

Thanks to all of you for your help in working to make a great committee event better.

By the way, a quarter of the members have expressed an interest in at least one subcommittee, and many have chosen two!  Let me know if you have a preference.

	-Mickey

-----Original Message-----
From: estgift-bounces at actec.org [mailto:estgift-bounces at actec.org] On Behalf Of ZeydelD at gtlaw.com
Sent: Wednesday, March 20, 2013 7:50 AM
To: mmancini at loeb.com
Cc: estgift at actec.org
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

Dear All:  In fairness I think if you look back over the last 3 years we have heard from many different voices on a wide variety of topics. I tried very hard to encourage people to take a more active role and I think with some success. We have had many lively discussions to the point where I have had to cut folks off if you will recall. I think the idea of subcommittees as sort of study groups on particular topics is worthwhile and will certainly be a good source of programs for the program committee.  I think a blend of the past and the future will be best. Diana

On Mar 19, 2013, at 5:20 PM, "Mary Ann Mancini" <mmancini at loeb.com<mailto:mmancini at loeb.com>> wrote:

I agree with Patty.  We need broader participation and you get that by having different people reporting on issues.  Others can chime in if they feel more detail or discussion is merited on the topic.  That would be desirable and you would actually have a discussion of an issue rather than a series of presentations by the same people each meeting.  I am not saying those people who have made the presentations in the past aren't the most desirable presenters, but we are all ACTEC members, so I think any one of us can do a good job reporting and it makes for a better meeting if we hear from more members; particularly when those reports are supplemented with the additional participation of the acknowledged experts in the area.

Mary Ann

On Mar 19, 2013, at 2:46 PM, "Jonathan Blattmachr" <jblattmachr at hotmail.com<mailto:jblattmachr at hotmail.com>> wrote:

Without trying to sound confrontational, I think the chair chooses who will report on what.  For example, Diana has pretty consistently had Ron Aucutt report on legislative developments and John Porter on FLPs.   Is the thought that, for example, the GST Subcommittee would report on GST developments over the past four months?  If you have a half dozen subcommittees, having each report may be interesting but I doubt we'd cover the most important developments on every area. Jonathan

________________________________
From: mpc at hahnlaw.com<mailto:mpc at hahnlaw.com>
To: estgift at actec.org<mailto:estgift at actec.org>
Date: Tue, 19 Mar 2013 12:37:02 -0400
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

My understanding of Mickey's proposal was the same as Carol's-subcommittees to take responsibility to report to the entire committee on items relating to their area.

I would think that not every subcommittee would have something to report at every meeting.  Mickey could suggest items to be covered by the subcommittee report to its leader who could in turn seek assistance from the subcommittee members regarding those items.  That would ensure a broader participation by committee members and take the burden from the few who seem to do much of the work.  If someone has a particular interest in a topic that is not the province of her/his subcommittee they could provide input to the applicable subcommittee.

Patty

M. Patricia Culler
OSBA Board Certified Specialist in
Estate Planning, Trust and Probate Law

Hahn Loeser & Parks LLP

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From: estgift-bounces at actec.org<mailto:estgift-bounces at actec.org> [mailto:estgift-bounces at actec.org] On Behalf Of Harrington, Carol
Sent: Tuesday, March 19, 2013 11:45 AM
To: Susan K. Smith; john.porter at bakerbotts.com<mailto:john.porter at bakerbotts.com>; jblattmachr at hotmail.com<mailto:jblattmachr at hotmail.com>; ldetzel at deanmead.com<mailto:ldetzel at deanmead.com>; mickey at daviswillms.com<mailto:mickey at daviswillms.com>
Cc: estgift at actec.org<mailto:estgift at actec.org>
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

I may have missed something. I did not see Mickey proposing a breakout during the meeting, only that we have subcommitees responsible for certain areas.  I assumed that the subs would be responsible for reporting on their area and also taking on commenting projects, but maybe Mickey can clarify.  I agree that a breakout during the regular meeting time would not be attractive.

Carol A. Harrington
McDermott Will & Emery LLP
227 W. Monroe Street
Chicago, IL  60606-5096
PH:  312-984-7794
FX:  312-277-5218

From: estgift-bounces at actec.org<mailto:estgift-bounces at actec.org> [mailto:estgift-bounces at actec.org] On Behalf Of Susan K. Smith
Sent: Tuesday, March 19, 2013 10:32 AM
To: john.porter at bakerbotts.com<mailto:john.porter at bakerbotts.com>; jblattmachr at hotmail.com<mailto:jblattmachr at hotmail.com>; ldetzel at deanmead.com<mailto:ldetzel at deanmead.com>; mickey at daviswillms.com<mailto:mickey at daviswillms.com>
Cc: estgift at actec.org<mailto:estgift at actec.org>
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

AGREED AS WELL. Do not object to having subcommittees and  I even volunteer to be on the 709/706 subcommittee but find that  formal subcommittee breakouts at the meetings really disrupt interesting discussions which could occur with the whole group and/or I have eltl really torn that I am really missing something important which I am interested in because issues have arisen since the last meeting but relate to another subcommittee that I am not on. I totally dislike subcommittee breakouts. Work on subcommittees can be done ex parte so to speak separately or even at our meetings but at different times..  I do admit that oftentimes a formal  subcommittee project  devolves on just a few people in a subcommittee but I do not believe that will change in any event. When I was chair of the Business Planning Committee, I myself  ended up doing most all of the work on the Appraisal Manual which had a subcommittee. In fact as chariman you will find that you will have to do a lot of the work on any committee project that is under your aegis. However, when I was on the Decanting Subcommittee for this Committee I did no where near the work of Jonathan, Carlyn, Diana or George.  However, since my state had enacted decanting legislation, I feel that I what little imput I was able to provide helped especially related to the formulation of thoughts in finetuning the legislation in my own state based  on what I learned from others.

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From: john.porter at bakerbotts.com<mailto:john.porter at bakerbotts.com> [mailto:john.porter at bakerbotts.com]
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Cc: estgift at actec.org<mailto:estgift at actec.org>
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

Agreed.

________________________________

From: estgift-bounces at actec.org<mailto:estgift-bounces at actec.org> [mailto:estgift-bounces at actec.org] On Behalf Of Jonathan Blattmachr
Sent: Tuesday, March 19, 2013 9:48 AM
To: Lauren Detzel; Mickey Davis
Cc: ACTEC EstateandGift
Subject: Re: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

I appreciate that what I am about to say runs counter to the current trend but I'm not sure subcommittees are the way to go.  I want to hear about tall the topics but because we will break down at the meetings into subcommittees for the last hour (of only 2.5 hours), I won't hear the geniuses of all topics.  Also, I think its best if we ask for volunteers each time something on a topic comes up.

I appreciate the trend is otherwise but I think the committee has been greatly appreciated (as shown by attendance) and I wouldn't change it.

Jonathan

________________________________

From: LDetzel at deanmead.com<mailto:LDetzel at deanmead.com>
To: mickey at daviswillms.com<mailto:mickey at daviswillms.com>
Date: Tue, 19 Mar 2013 11:48:11 +0000
CC: estgift at actec.org<mailto:estgift at actec.org>
Subject: [EstGift] [filtered] Re: Estate and Gift Tax Committee Matters

Mickey great email. Looking forward to your leadership   I would work on either marital deduction or portability subcommittee per your choice or anywhere else you might think I could help. See u in Philly!

Sent from my iPhone

On Mar 14, 2013, at 1:05 PM, "Mickey Davis" <mickey at daviswillms.com<mailto:mickey at daviswillms.com>> wrote:

Dear Committee Members,

I am writing to you as the new chair of the Estate and Gift Tax Committee and to ask for your help in Committee matters. I apologize in advance for the length of this e-mail, and appreciate your time in reviewing it.

First, let me say that I am honored to succeed Diana Zeydel as Chair.  The Committee has greatly benefitted from Diana's leadership over the last three years, and I would like to express my thanks for all of her hard work.  Second, there is one matter that requires your immediate response, relating to input into the IRS Priority Guidance Plan for next year. Finally, I would like to share some thoughts about the organization of the Committee, and some ideas about increasing the level of input by Members.

Recommendations for Regulations/Guidance Projects.

At the meeting in Maui, we were reminded that ACTEC's Washington Affairs Committee is seeking proposals for possible recommendations for the Treasury-IRS Priority Guidance Plan for next year (which will likely be released in the fall).  This would include suggestions for regulations or other guidance from the Treasury and/or IRS.  One topic that I view as being of high importance is guidance about the applicability of Rev. Proc. 2001-38 as it may relate to QTIP elections made on estate tax returns filed to maximize the use of the DSUE amount.  We should aim to submit any recommendations that we have by the end of March.  The Washington Affairs Committee wants a brief description of the recommended project, why it is important, its relative urgency, and how the project might be helped by partnering with other organizations.  Please let me know any recommendations that you have as soon as possible, but by Wednesday, March 27 at the latest.  Please send them to me at:  mickey at daviswillms.com<mailto:mickey at daviswillms.com>.

Increased Committee Involvement.

One of my priorities as Chair is to increase the level of involvement by Committee Members.  The Estate and Gift Tax Committee is one of the College's largest and it covers a broad range of topics. There is certainly value in hearing in-depth reports on selected topics, and I believe that some Members are content to come to meetings to hear remarks from a few frequent contributors. It is my personal view, however, that being a member of a committee involves a commitment to participate actively.  One of the greatest benefits of being a Fellow is the ability to listen to and learn from the diverse views of practitioners from all over. I firmly believe that broad participation by Committee Members is the best way for us all to learn from each others' wisdom, experience, triumphs, and even failures.

Fellows that prefer to remain passive during Committee meetings can certainly do that from the visitors' seats. If we are to occupy seats at the table as Members, however, I believe that we should be willing to share our ideas, and take an active part in the discussions.  Let's face it:  None of us became a Fellow by being too shy to share our ideas with other practitioners.

The Substantive Chairs Committee has had numerous discussions about the best way to increase involvement by committee members, and has come to no real consensus.  It has been my experience, though, that committees that have active subcommittees and workgroups tend to have a higher degree of involvement.  To that end, I propose to ask each of you to join (or lead!) a newly formed subcommittee or workgroup of the Estate and Gift Tax Committee. I have set out below some preliminary group headings, but I certainly invite each of you to let me know if there are any other areas in which you have a special interest.

It is my intention to ask subcommittee members to give updates, recent development reports, and make other substantive contributions at future meetings.  While participation in a subcommittee is not mandatory, I believe that it should be a factor in considering which Members continue to serve on the Committee, and which should be asked to make room for other Fellows who are more interested in taking an active role in advancing discussions at Committee meetings.

Some of you may be thinking, "Uh on. This new guy is already a trouble maker," or "Why is he stirring the pot?"  I understand that change can be uncomfortable.  If you think that I am out of line, or have other ideas for increasing involvement, I welcome you to share your thoughts, either publicly with the Committee or privately with me. I view this change as a worthwhile experiment, but I am happy to consider other views and alternatives.  I am hopeful that most of you will welcome a chance to get more from your Committee by giving more to your Committee.

Below is a preliminary list of possible subgroups, in no particular order.  Some of these obviously overlap, and I am certainly not married to this list. Please let me know if one of these areas strikes your fancy, or if you have other ideas.  I would be especially appreciative of volunteers willing to act as initial leaders of these (or other) groups.  Co-leaders are not out of the question.  Please let me know your interest as either a member or a leader as soon as possible.

*         Generation-Skipping Transfer Taxes

*         Chapter 14

*         Marital Deduction Issues

*         Debts and Administration Expenses

*         Special Use Valuation/Alt. Val./Section 6166

*         Portability

*         706/709 Reporting Issues

*         Gifts and Disclaimers

*         New Legislation/Legislative Proposals

*         IRS Regulations/Guidance

I truly appreciate your input, both on the Priority Guidance Plan and on efforts to increase Committee involvement.  I hope to have an initial framework for subcommittees in place for the Summer Meeting.  I look forward to seeing you in Philadelphia.

Regards,

Mickey

[http://cid:imaged92803.GIF@128b9b13.46a44604/]<http://www.deanmead.com/>

Lauren Y. Detzel
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