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Trusts & Estates Technology Review | A Penton Media Publication October 15, 2008 |
IN THIS ISSUE
InterEst

An inter-esting solution to estate and gift tax deficiency interest calculations









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FEATURE STORY


InterEst

An inter-esting solution to estate and gift tax deficiency interest calculations

By Donald H. Kelley

Kelley Rating (one asterisk = lowest, five asterisks = highest):
• Ease of navigation, design of interface and learning curve ***
• Instructional documentation and help system ***
• Carries out the goal of the product as advertised ****
• Overall usefulness ****

Inter-Est, a free product is, according to the publisher, Cecil Cammack, “specifically designed to compute the federal estate tax for the purpose of IRS audit situations, etc. It will compute a high percentage of your interrelated federal estate tax problems…Versions of Inter-Est have been used in IRS audit situations since 1979. All IRS service centers and many IRS offices currently use it.” Inter-Est also computes interest on state estate and inheritance tax deficiencies.

This product is no longer sold or fully supported, but its tables are still updated. Inter-Est was last upgraded on March 8, 2005, and may be downloaded from the publisher’s website. Updated tables as of Aug. 2, 2008, including deficiency interest quarterly amounts, also are available for download. And with the updated tables the program continues to perform current, appropriate and accurate computations.

Competitive Products

Other programs perform the same basic tax, interest and penalty calculations as Inter-Est, including deficiency interest for state taxes, but not the interrelated or Internal Revenue Code Section 6166 calculations Inter-Est provides.

TaxInterest is an Internal Revenue Service interest and penalties calculator from TimeValue Software. TaxInterest computes federal (and selected state) tax deficiency interest calculations and penalties. This service is available for $149 from: TimeValue Software, 4 Jenner St., Suite 100, Irvine, Calif. 92618. Telephone: 1-800-426-4741 or 949-727-1800. Fax: 949-727-3268.

IRS/State Interest and Penalty Calculator calculates state and federal deficiency interest and penalties. This service is available for $99 from: Denver Tax Software, P.O. Box 5308, Denver, Colo. 80217-5308. Telephone: 1-800-326-6686, Fax: 1-888-326-6686.

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What’s It All About?

Inter-Est computes federal and state estate tax and interest on deficiencies. It computes federal interest factors per Revenue Procedure 83-7 or Rev. Proc. 95-17 (in addition to four other methods) and applies a number of specialized state interest factors. It computes the interest-free period after a waiver; restricted interest (supports TAM 8947005); suspense account for excess interest payments per TAM 9130001; concurrent interest for federal, state, and foreign jurisdictions and it supports a number of Section 6166 options related to the nature of the election and allocation of payments.

This program does the interrelated computations for estate tax charged to the marital deduction (including complex computations of expenses) and to the charitable deduction. It supports the interrelated computation of interest on contingent attorney fees. Inter-Est includes provisions for tax apportionment and expense allocation with numerous categories of expenses that can be used for allocation purposes to assist you in completing difficult interrelated computations of marital, charitable or residue amounts.

It includes calculation of the gift tax credit, the foreign death tax credit and the interrelated calculation on the second limitation of the credit for tax on prior transfers (including some states). It does state deficiency interest computations including the specific methods of computation for Connecticut, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, North Carolina, Nebraksa, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Washington and Wisconsin.

The basic format used by the program (referred to as the “case file”) is familiar to the IRS; it generates an output that may be used as an exhibit to an estate or gift tax form or a refund claim. In addition to the basic case file type, Inter-Est generates reports on the forms used by federal estate tax attorneys for estate and gift tax reports, including the appeals office report format.

Various tax table templates and IRS forms are available for download from the Inter-Est home page, including an excel spreadsheet for interrelated gift tax computations.

How Does It Work?

Data entry for basic federal and state tax interest deficiency computations is clear and easy to follow. But before attempting more complex interrelated computations, you should work through the examples provided by the tutorial. The tutorial walks you through examples of marital and charitable deductions out of residue, a charitable deduction with apportionment, interrelated attorneys fees, a typical computation (with a credit for tax on prior transfers, interest deduction, marital and charitable bequests out of residue, and a state tax computation) and several alternate Section 6166 payment computations.

The Inter-Est interface is a single convenient screen. To operate the program:

• Open a new case file for computation of estate tax deficiency or Section 6166 interest by clicking on the New or File/New icon and selecting “Case File.”
• A screen appears with a condensed tabular list of the gross estate, debts and expenses, marital deduction, charitable deduction, adjusted taxable gifts, foreign death tax credit, previously taxed property credit and generation skipping tax.
• Click on a line of any of these items to bring up a dialog box with prompts for the required data for that line. Each dialog box has a context-sensitive help screen that explains the data entries and choices.
• From some dialog boxes a “Complex” subscreen may be called for data entry for more sophisticated issues
• As you fill in data, computations appear of subtotals of data and the resultant taxes.

The program doesn’t allow item-by-item entry for the gross estate or Schedule J and K deductions, but asks for the total amounts of each. The totals are available from the Form 706 or 709 as filed and from which the deficiency, and interest thereon, is based.

Press buttons on the side of the screen to select dialogs to instruct the program as to what you want calculated. These include the calculation of federal penalties, the type and method of federal interest (including whether and how you want Section 6166 interest calculated) and which state or states you want interest computed for and the state method to apply.

Inter-Est then generates a report (appearing on the same screen as the data entry) that lists the interest method, the amount of interest by computational period (with Section 6166 qualified interest and nonqualified interest separately stated), and the total interest accumulated from the due date of the return to the date you make the computation. You may set the view of this screen to various levels of detail.

The program does not do the gift tax interest calculation, per se. However, this calculation can be emulated by entry of a gross estate amount in the year of gift tax deficiency upon which Inter-Est can compute an estate tax amount equivalent to the gift tax deficiency.

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What About Help and Support?

The publisher provides some support and is available for fee-based computational assistance to users of the program. Inter-Est includes both an online manual, with detailed descriptions of how to operate the program and program help, with instructions for operation of each program screen. The program help is context sensitive. The related law, however, is not discussed,

Where Do You Get This Software?

This software is available for download without charge from the publisher’s Web site:

Cecil Cammack, dba Cammack Computations Co.
P. O. Box 725
Cleburne, TX 76033
Voice Line: 1-800-594-5826
Fax Line: (817)645-8273
Website: www.inter-est.com

Bottom Line

Basic computations using Inter-Est are easy to do, although the more complex calculations require detailed knowledge of the law and procedures involved and have a significant learning curve. You can’t beat the value; this program gives you a means for knowing what your client’s final tax bill on an audit will be and for providing a check on IRS computations.


Trusts & Estates magazine is pleased to present the monthly Technology Review by Donald H. Kelley—a respected connoisseur of the software and Internet resources wealth management advisors use to further their practices.

Kelley is a lawyer living in Highlands Ranch, Colo. and is of counsel to the law firm of Kelley, Scritsmier & Byrne, P.C. of North Platte, Neb. He is the co-author of the Intuitive Estate Planner Software, (Thomson – West 2004). He has served on the governing boards of the American Bar Association Real Property Probate and Trust Section and the American College of Tax Counsel. He is a past regent and past chair of the Committee on Technology in the Practice of the American College of Trust and Estate Counsel.


Trusts & Estates has asked Kelley to provide his unvarnished opinions on the tech resources available in the practice today. His columns are edited for readability only. Send feedback and suggestions for articles directly to him at dhkelley@qwestoffice.net.


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