- 4 - contained marketable securities with a net asset value (NAV) of $1,401,347, and the Rothschild IRA contained marketable securities with a NAV of $1,219,063. On the estate’s original Form 706, the estate reduced the NAV of the Harris IRA by 21 percent to $1,102,842 to reflect the anticipated income tax liability from the distribution of its assets to the 2(...continued) Section 5.5H. The Brokerage Firm named in the Application is designated by the Account Holder with authority to provide the Trustee with instructions, via confirmations or otherwise, implementing his or her directions to the Brokerage Firm to purchase and sell securities for his or her account. Thus, although the account holder cannot personally sell the securities, he may do so through the brokerage firm and trustee. The Harris IRA Agreement provides: 5.6 Neither the Grantor nor any Beneficiary may borrow Trust property from the Trust or pledge it for security for a loan. Margin accounts and transactions on margins are prohibited for the Trust. No interest in the Trust shall be assignable by the voluntary or involuntary act of any person or by operation of law or be liable in any way for any debts, marital or support obligations, judgments or other obligations of any person, except as otherwise provided by law. No person may engage in any transaction with respect to the Trust which is a “prohibited transaction” within the meaning of Code Section 4975. 5.9 * * *the Trustee shall have the following powers * * * (d) to purchase, sell assign or exchange any Trust property and to grant and exercise options with respect to Trust property. Here, again, although the IRA itself cannot be sold, the trustee has the power to sell the underlying assets.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011