Two Owners Two Different Results

As reported in the news, the iconic owner of the New York Yankees, George Steinbrenner died on July 12, 2010. Because he died in 2010, his wealth and the New York Yankees get to stay in his family without the payment of any estate tax. On April 6, 1997, Jack Kent Cooke passed away. He was a very wealthy man, reputed to be in the billions of dollars. He also owned the Washington Redskins, who during his ownership won three Super Bowls. In order to avoid the crippling nature of the estate tax and in an attempt to keep the Washington Redskins under control of his son, John, Mr. Cooke placed the bulk of his estate in a charitable foundation. Because the team was worth a reported $800 Million dollars and needed an owner per the NFL rules, it had to be sold. John Cooke and Dan Snyder each bid on the team. Snyder’s bid was higher and the Trustees had to accept his bid despite their love for the Cooke family.

Let’s look at the facts, Jack Kent Cooke by all indications wanted his son to own the Redskins and used a tax advantaged method to get it to him. George Steinbrenner due to timing of his death will if his estate was properly planned be able to leave the New York Yankees in his family without estate tax or generation skipping tax for two generations. This means that there will probably be a Steinbrenner running the Yankees for the rest of my life and the lives of anyone reading this blog. The Redskins are now owned by Dan Snyder, not John Cooke. A simple twist of fate and tax.

As we think about July 4

You know the American Revolution had an element of tax revolt in it. I say this because a Government must be careful to leave enough to its citizens that they might invest it and grow it and use their money to create. As we enter the mid-term election cycle we have the one thing the Chinese don’t have, the freedom to change course and the freedom to object to the direction this country is heading. Most of you know my Republican political leanings, and as a tax attorney what’s best for me, may not be what’s best for the Country. I thank God that I live in the United States. I would not trade living here with living in any other Country in the World. We may have a rough patch of road ahead, but I know that America will rebound. That free Americans will use their freedoms to move forward. It is amazing to me how quickly we can lose our freedoms. This leads me to my tax tale of the day. A girl, Blonda went into a tanning salon and found out that she had to pay 10% more for her tan than last week. Her best friend, Bambi, belongs to the Hot and Hotter Fitness Club. Hot and Hotter in addition to a few weight machines, saunas and bikes have tanning booths (which is included in their monthly fee). The exact same tanning booths that Blonda’s tanning salon has. Bambi pays no surtax, but Blonda does. Makes a lot of sense, right? Have a great weekend.

WHAT THE FAMILY COULD HAVE PLANNED

First, when the father started the business or at least when the boys started working there, he should have considered giving them portions of the business over the years. This would have created minority discounts in the business upon the deaths of the parents. As to the IRA, when Dad got sick, pop the IRA’s right away and don’t withhold any taxes. That way, you get an income tax deduction on the estate tax return. In essence trading a 39% tax for a 50% tax. Make sure Mom has assets in her name alone in case she were to die first. The family should have utilized revocable trusts and perhaps buy some life insurance owned by a Life Insurance Trust or an LLC owned by the sons. These are minimal steps which might have averted this confiscatory scenario. As you can see, for 2011, things can get real ugly and planning should be done.