Gift, Estate, & Income Tax Compliance
2023 01 Value Matters

January 1, 2023

Mercer Capital’s Value Matters® 2023-01

Estate Tax Exemption Uncertainty

And Other Takeaways from the Heckerling Estate Planning Conference

Mercer Capital had the opportunity to attend the 57th Annual Heckerling Institute on Estate Planning, one of the largest conferences for estate planning professionals. It was a great time to meet lots of new faces and run into some familiar ones. Our Chairman, Chris Mercer, and Andy Frew, from our Houston office, were also in attendance. As of this writing, I have not received the Yeti Cooler or nice bottle of bourbon I expected from the business cards I dropped off at the various booths.

This year’s week-long conference was the first to be held in person in a few years, and the exhibit hall and education sessions were full of good information and details on the estate, gift, and tax planning fronts. Below we share a few topics of conversation and tidbits we picked up from the sessions and conference.

Estate Tax Exemption Uncertainty from Panel of Experts

Steve Akers with Bessemer Trust, Samuel Donaldson at Georgia State University College of Law, and Beth Shapiro Kaufman with Caplin & Drysdale delivered a “brief” threehour, 285-page ‘dissertation’ on recent developments facing the estate planning community. Topics ranged from federal legislation, administrative and treasury guidance, transfer tax developments, valuation, and a bevy of other developments of interest. One interesting back-and-forth included the panelists’ opinions on the current gift and estate tax exemption, set for 2023 at $12.92 million for an individual but expected to halve on January 1, 2026. The panelists were split; Mr. Donaldson believed the exemption wouldn’t drop that far, and historical trends point to a higher exemption. But Ms. Shapiro made an important caveat: the current legislation sunsets, i.e., it would require congressional action to keep the exemption as is (or change from its current course). With the current trend of Washington, the panel was less than optimistic about much of anything happening for at least the next few years.

Document and Design your Gifts Carefully

There were a few sessions on how to carefully design and document your gift transfers (including charitable ones) to meet the grantor’s wishes and avoid a second look from the IRS. Alan Rothschild with Page, Scrantom, Sprouse, Tucker & Ford, P.C. provided some good pointers on crafting charitable gift agreements, highlighting that a well-drafted charitable gift agreement can protect both the donor and charity and ensure that a situation doesn’t end up in litigation.

Stephanie Loomis-Price with Perkins Coie LLP and Christine Wakeman with Winstead PC wrote on recent developments in audits and case law related to privileges applicable to estate planning. The session covered strategy in audit responses related to transfer tax returns for privately held interests. To summarize at least part of their legal advice: understand the rules and protections around communication with your attorneys and document the reasons and goals for the transfer.

Download the full newsletter

Download
Download the newsletter

Continue Reading

July 2026 | Complex Governance Structures in Gift  and Estate Tax Valuation
Value Matters® June 2026

Complex Governance Structures in Gift and Estate Tax Valuation

In valuations for gift or estate tax reporting purposes, the subject of the appraisal is not simply a percentage ownership interest, but the specific ownership interest being transferred, together with the legal and economic rights attached to it.
WEBINAR: Charitable Gifts of Business Interests
UPCOMING WEBINAR: Charitable Gifts of Business Interests - Planning, Timing, and Valuation
Charitable gifts involving closely held business interests and other complex assets can create meaningful planning opportunities.
Mercer Capital to Sponsor The Florida Bar’s 44th Annual Attorney/Trust Officer Liaison Conference
Mercer Capital to Sponsor The Florida Bar’s 44th Annual Attorney/Trust Officer Liaison Conference
Mercer Capital is pleased to sponsor The Florida Bar’s 44th Annual Attorney/Trust Officer Liaison Conference, taking place July 30 to August 1, 2026, at The Breakers in Palm Beach. Matthew R. Crow, CFA, ASA, and Thomas C. Insalaco, CFA, ASA, will represent the firm at the conference.Presented by The Real Property, Probate and Trust Law Section of The Florida Bar, the annual conference brings together attorneys, trust officers, and other professionals for focused education on current trust and estate issues. The 2026 program includes sessions on trustee discharge, fiduciary accounting, undue influence, legislative updates, technology and financial exploitation, and trust and estate case law.Matt Crow is the CEO of Mercer Capital and leads the firm’s Investment Management Industry team. He works with RIAs, independent trust companies, broker-dealers, and investment consulting firms on valuation matters related to corporate planning and reorganization, transactions, employee stock ownership plans, tax issues, and valuations of intangible assets, options, and assets subject to contractual restrictions. He is a regular contributor to Mercer Capital’s RIA Valuation Insights Blog.Tom Insalaco is a Senior Vice President and a member of Mercer Capital’s Gift, Estate, and Income Tax Planning and Compliance practice group. Since 2008, he has provided valuation services across a broad range of industries and matters, including gift and estate tax, business succession and exit planning, and buy-sell agreements.Mercer Capital works with owners, fiduciaries, and professional advisors on valuation and advisory matters involving trusts, estates, tax planning, and disputes. The firm is pleased to support programs that help professionals navigate the financial issues that arise in complex estate and trust matters.Mercer Capital looks forward to connecting with attendees in Palm Beach and participating in this year’s conference. Visit the conference’s website to learn more: https://member.floridabar.org/s/lt-event?id=a1RWQ00000RcEFJ2A3.

Cart

Your cart is empty