A Potpourri of Beneficiary Disputes and Tax Laws: EDU #2628

Chris's Summary
Jim and I dig into two beneficiary disputes as part of what we're calling a "potpourri" EDU show: the 1930s Goodman Triangle life insurance gift tax dispute and a recent Montana Supreme Court ruling on an uncashed cashier's check. We also discuss a bipartisan proposal to raise the home sale capital gains exclusion and a separate proposal to index capital gains for inflation more broadly.

Jim's "Pithy" Summary
Chris and I dig into a variety of topics, starting with a court fight that traces back nearly a hundred years, something folks in the industry call the Goodman Triangle. Picture three people tied to one policy: an owner, an insured, and a separate beneficiary. Mrs. Goodman took out five life insurance policies on her husband, moved them into a revocable trust, and thought she was fine, until he died and the IRS said she'd made a taxable gift. She fought it and the court's decision on the case still gets cited whenever a policy or an annuity has three different people sitting in those three roles.

From there we get into a couple of proposals sitting in Congress right now. One would finally raise the exclusion on gains from selling your primary home, something that hasn't budged since the late nineties even as home prices have doubled and tripled around the country. The House and Senate versions land in slightly different places, but both would roughly double the current numbers and index them for inflation going forward. The other proposal is a longer shot, backed by senators who don't have much bipartisan goodwill behind them, and it would apply an inflation multiplier to stocks, real estate, and other capital assets so you'd only owe tax on the growth that's actually real.

We close with one of our beneficiary disputes out of the Montana Supreme Court: a husband pulls eighty thousand dollars out as a cashier's check made out to himself, hides it in the house, and dies without a will. His wife cashes it, his son sues, and the ruling comes down to whether a gift was ever actually completed.