Reference no: EM132823322

Problem 1: Which of the following statements regarding a QDOT is incorrect?

A. A U.S. citizen spouse cannot gift property to a non-citizen spouse unless a QDOT is established before the gift is made.
B. The estate tax attributed to the deceased spouse's property can be paid by withholding a portion of the tax from lifetime distributions made to the noncitizen spouse from the QDOT.
C. The non-citizen spouse must receive all income annually for life.
D. The non-citizen spouse can establish a QDOT if the citizen spouse did not establish the trust prior to his death.

Problem 2: All of the following statements regarding a qualified disclaimer are correct except:

A. For federal tax purposes, the disclaimant is regarded as never having received the property and is treated as if he predeceased the transferor.
B. Disclaimed property that is transferred to a person who is two or more generations below the decedent may be subject to a GST tax, depending on the amount of GST tax exemption allocated to the transfer.
C. A Disclaimer Trust will bypass inclusion in the surviving spouse's taxable estate.
D. Property that is disclaimed by the surviving spouse receives a marital deduction in the decedent spouse's estate.