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State taxation of out-of-state trusts minimal guidance about minimun contacts Jonathan L. Entin

By: Entin, Jonathan L.
Material type: ArticleArticlePublisher: 2019Subject(s): TRUSTS | IMPUESTOS | LOCALIZACION | ESTADOS UNIDOSOnline resources: Click here to access online In: Journal of Taxation of Investments v. 37, n. 1, Fall 2019, p. 65-74Summary: In North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the Supreme Court held that the residence of a benefi ciary who did not receive a distribution and had no vested right to distributions did not allow the state to tax an out-of-state trust that had no other contact with the state. But the Court’s decision was limited to the precise facts of the case, thus leaving open a host of questions that will generate uncertainty. This article reviews the Kaestner decision and explains the issues that the ruling left unresolved.
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Resumen.

In North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the Supreme Court held that the residence of a benefi ciary who did not receive a distribution and had no vested right to distributions did not allow the state to tax an out-of-state trust that had no other contact with the state. But the Court’s decision was limited to the precise facts of the case, thus leaving open a host of questions that will generate uncertainty. This article reviews the Kaestner decision and explains the issues that the ruling left unresolved.

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