Lindsay D'Andrea Article Examines Incomplete Non-Grantor Trusts and State Income Tax

Articles / April 24, 2020

Staff Attorney Lindsay D’Andrea authored an article published in the May/June 2020 issue of Probate & Property. The article, “Incomplete Gift Non-Grantor Trusts: How Kaestner Highlights the Importance of Planning for State Income Tax,” discusses the U.S Supreme Court ruling in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, which held that the in-state residence of trust beneficiaries did not supply the minimum connection with the State of North Carolina required to support the state’s imposition of tax on trust income and that the state’s tax as applied to the Kaestner trust violated the Due Process Clause of the Fourteenth Amendment.

Read the article.

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