Transcription of Official Publication of the State Bar of California Trusts ...
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CaliforniaVolume 16, Issue 4 Winter 2010 Trusts and Estates QuarterlyOfficial Publication of the State Bar of California Trusts and Estates SectionFrom the Chair ..2 From the Editor ..4 Errata: Ghost Banks ..38 2011 State Bar of California , Trusts and Estates Section;The statements and opinions herein are those of the contributors and not necessarily those of the State Bar of California , the Trusts and Estates Section, or any government this IssueA Practical Guide to the 645 Election ..5 Internal Revenue Code section 645 provides an election for a revocable trust to be treated as part of the decedent s probate estate for income tax purposes.
creating trusts.5 However, probate estates remained subject to somewhat less stringent rules.6 The rationale for this distinction was likely twofold. First, a probate estate comes into existence due to a person’s death, rather than the discretionary creation of a trust. Consequently, the creation of the taxpaying entity is not motivated
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