skip person. Tax. A beneficiary who is more than one generation removed from the transferor and to whom assets are conveyed in a generation-skipping transfer. IRC (26 USCA) § 2613(a). See GENERATION-SKIPPING TRANSFER. [Cases: Internal Revenue 4224.] “Since a skip person is necessary to trigger a generation-skipping tax, it is important to have a precise […]
applicable exclusion credit. See unified estate-and-gift-tax credit under TAX CREDIT.
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Tax. For purposes of an inheritance tax, whatever remains of an estate after all claims against it have been paid. [Cases: Taxation 895(1). C.J.S. Taxation §§ 1900–1901, 1904–1905, 1909, 1943–1944.]
Bankruptcy. An unsecured claim that, under bankruptcy law, must be paid before other unsecured claims. • The Bankruptcy Code sets forth nine classes of claims, to be paid in order of priority: (1) administrative expenses of the bankruptcy estate, (2) involuntary gap claims, (3) wage claims, (4) contributions to employee benefit plans, (5) claims of
incident of ownership. (usu. pl.) Any right of control that may be exercised over a transferred life-insurance policy so that the policy’s proceeds will be included in a decedent’s gross estate for estate-tax purposes (because Douglas still retained the incidents of ownership after giving his life-insurance policy to his daughter, the policy proceeds were taxed
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gross up, vb. Slang. Tax. To add back to a decedent’s gross estate the gift taxes paid by the decedent or the de-cedent’s estate on gifts made by the decedent or the decedent’s spouse during the three-year period preceding the decedent’s death. IRC (26 USCA) § 2035. [Cases: Internal Revenue 4159(2). C.J.S. Internal Revenue §
look-through principle. Tax. A doctrine for allocating transfer-gains taxes on real estate by looking beyond the entity possessing legal title to identify the beneficial owners of the property. [Cases: Internal Revenue 3071. C.J.S. Internal Revenue §§ 13–14.]
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