Lesson 4 Flashcards

1
Q

An individual with special needs is the discretionary beneficiary of several trusts. The trusts provide for
supplemental needs of the beneficiary other than food and shelter. The state must be reimbursed for
Medicaid expenditures made on Jim’s behalf from which of the following trusts at the time of the
individual’s death?

A. A self-settled special needs trust.
B. An irrevocable life insurance trust funded by life insurance covering the individual’s grandparents.
C. An irrevocable life insurance trust funded by life insurance covering the individual’s parents.
D. A supplemental needs trust funded by a bequest from the individual’s uncle.

A

A. A self-settled special needs trust.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which of the following, in whole or in part, may be deducted from gross income to determine adjusted
gross income?

A. A charitable contribution from an individual to a qualified charity
B. The standard deduction
C. The business expenses of self-employed taxpayers
D. Alimony payments (for a divorce occurring in 2019 or later)

A

C. The business expenses of self-employed taxpayers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

This year, Pete has unreimbursed medical expenses totaling $9,500. If Pete has an adjusted gross
income (AGI) of $80,000 and he itemizes his deductions, how much of the medical expenses will he be
allowed to deduct for income tax purposes?

A. $600
B. $3,500
C. $8,000
D. $9,500

A

B. $3,500

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which of the following statements concerning a payback special needs trust (SNT) is correct?

A. The SNT is prohibited from making distributions to the beneficiary with special needs during the
beneficiary’s lifetime.
B. The beneficiary with special needs may not bequeath any assets remaining in the trust at death.
C. The payback trust is a better option over the pooled trust when medical expenses are expected to
be high.
D. The remainder of the SNT’s assets at the death of the beneficiary with special needs must
first be used to reimburse the state for expenditures from Medicaid before distribution to
heirs.

A

D. The remainder of the SNT’s assets at the death of the beneficiary with special needs must
first be used to reimburse the state for expenditures from Medicaid before distribution to
heirs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which one of the following statements concerning a pooled special needs trust is correct?

A. The pooled trust should be used as a repository for substantial gifts or inheritances that family
members intend to provide for a beneficiary with special needs.
B. The pooled trust is preferred over the payback trust when medical expenses are expected to be
low.
C. The beneficiary with special needs may bequeath assets remaining in the pooled trust at death.
D. The assets in the pooled trust remain in the trust at the death of the individual with special
needs for the benefit of other disabled individuals.

A

D. The assets in the pooled trust remain in the trust at the death of the individual with special
needs for the benefit of other disabled individuals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Mr. and Mrs. Counsell have a substantial estate and would like to provide the highest quality of life
possible for their child with special needs. They intend to fund a third-party supplemental needs trust
for the child with special needs with survivorship (second to die) life insurance. Which of the following
statements concerning this plan is correct?

A. The ILIT should not include other beneficiaries besides the child with special needs because the
state must be the remainder beneficiary of the trust.
B. The contributions to the ILIT avoid gift taxes because this is treated as a disability trust.
C. The ILIT should not provide Crummey withdrawal powers for the beneficiary with special
needs because such withdrawal rights could affect the beneficiary’s eligibility for SSI and
Medicaid benefits.
D. The ILIT should direct the trustee to provide distributions for the food and shelter of the child with
special needs.

A

C. The ILIT should not provide Crummey withdrawal powers for the beneficiary with special
needs because such withdrawal rights could affect the beneficiary’s eligibility for SSI and
Medicaid benefits.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

During the past taxable year, Susan sold some common stock she had held for several years and
incurred a capital loss of $6,000. Susan had no capital gains during the year, and her other income for
the year was $60,000. How much of the capital loss can Susan deduct for the taxable year?

A. None
B. $3,000
C. $5,000
D. $6,000

A

B. $3,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which of the following statements is correct in regards to the child and dependent care credit?

A. Assuming the same amount of qualifying expenses are incurred, lower AGI tax filers will
benefit more than high AGI tax filers
B. It can reduce a filer’s tax liability by as much as $6,000 for one child
C. It can be claimed if care is provided by a dependent spouse or other family member
D. It provides the same credit for each child claimed, regardless of how many are claimed

A

A. Assuming the same amount of qualifying expenses are incurred, lower AGI tax filers will
benefit more than high AGI tax filers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which of the following statements is correct in regards to education for individuals with special needs?

A. The Special Education Fund Credit may help indirectly reduce the cost of education for individuals
with special needs.
B. Depending on the nature of the special needs, certain educational expenses may be
deductible as medical expenses.
C. Most children with special needs are educated in special schools.
D. If a child with special needs is educated at a regular school, that school’s tuition and fees are never
deductible as a medical expense.

A

B. Depending on the nature of the special needs, certain educational expenses may be
deductible as medical expenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which one of the following statements is true regarding ABLE accounts?

A. An individual can have more than one ABLE account as long as the accounts are in different
states.
B. Contributions to an ABLE account may be made by the individual, family members of the
individual, or friends of the individual.
C. An ABLE account may be established only if the individual qualifies under the means and resource
tests for SSI and Medicaid.
D. An individual is eligible for an ABLE account regardless of when his or her disability occurred.

A

B. Contributions to an ABLE account may be made by the individual, family members of the
individual, or friends of the individual.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Which of the following statements regarding income tax filing statuses is correct?

A. The Tax Cut and Jobs Act of 2017 eliminated all tax rate differences among filing statuses.
B. The Tax Cut and Jobs Act of 2017 eliminated the tax rate differences between Married Filing Jointly
and Married Filing Separately.
C. Income tax rates brackets are progressive and increase with AGI regardless of the filer’s
filing status.
D. Per filer, Single generally has the highest tax rates at any given AGI.

A

C. Income tax rates brackets are progressive and increase with AGI regardless of the filer’s
filing status.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Which of the following individuals may make contributions to an ABLE account?

I. The account beneficiary or family members of the beneficiary

II. Friends of the beneficiary

A

C. Both I and II

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Mr. and Mrs. Foley have a child with severe disabilities and questionable competency. The child will
incur significant medical and long-term care expenses for the rest of his lifetime. Which of the following
statements concerning the wills for Mr. and Mrs. Foley is (are) correct?

I. The Foleys should provide a direct bequest to the child with special needs to
cover his medical and long-term expenses.

II. The Foleys should fund a supplemental needs trust with their probate assets
to provide discretionary benefits to the child with special needs.

A

B. II only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which one of the following statements regarding investing in ABLE account funds is (are) correct?

I. ABLE account funds may only be invested in federally backed securities.

II. The beneficiary must include investment gains in taxable income regardless of
whether distributions from the ABLE account are made.

A

D. Neither I nor II

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which one of the following statements is (are) true regarding eligibility for an ABLE account?

I. An individual, or his/her family, may establish an ABLE account if that
individual incurred a significant disability before age 26 and meets SSI
eligibility criteria.

II. Individuals already receiving SSI and/or SSDI are automatically eligible to
establish an ABLE account.

A

A. I only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which one of the following statements concerning the use of an ILIT as a third-party supplemental
needs trust to benefit a beneficiary with special needs is (are) correct?

I. It is appropriate to shelter gifts to the ILIT for the beneficiary with special needs
through the use of Crummey withdrawal powers held by the beneficiary with
special needs.

II. The other selected heirs of the grantor should be the remainder beneficiaries of
the trust at the time of the death of the child with special needs.

A

B. II only

17
Q

Which of the following statements concerning the definition of a disability for Social Security
purposes is (are) correct?

I. The definition includes a requirement that the individual be unable to do any
substantial gainful activity by reason of a medically determinable physical or mental
impairment.

II. The definition includes a requirement that the physical or mental impairment can be
expected to result in death or has lasted or can be expected to last for a continuous
period of not less than six months.

A

A. I only

18
Q

All of the following statements correctly describe an ABLE account EXCEPT:

A. ABLE account funds may only be used for “qualified disability expenses,” such as housing,
education, and health care expenses.
B. Contributions may be made by the beneficiary, family members, or friends of the beneficiary.
C. Contributions made to the ABLE account are tax deductible.
D. Income earned from the ABLE account is tax exempt.

A

C. Contributions made to the ABLE account are tax deductible.

19
Q

The following provisions are appropriate for a durable general power of attorney EXCEPT:

A. a provision empowering the attorney-in-fact (agent) to transfer assets for Medicaid spend-down
purposes
B. a provision empowering the attorney-in-fact (agent) to make gifts to the principal’s family member
C. a provision empowering the attorney-in-fact (agent) to refuse to apply artificial nutrition
and hydration for a principal with terminal illness
D. a provision empowering the attorney-in-fact (agent) to revoke the principal’s revocable trust

A

C. a provision empowering the attorney-in-fact (agent) to refuse to apply artificial nutrition
and hydration for a principal with terminal illness

20
Q

A married couple has a child with special needs, Jerry, and two other children. It is anticipated that
Jerry will incur significant medical and long-term care expenses for the remainder of his lifetime. The
couple has significant wealth and would like to provide for Jerry without diminishing his capability of
receiving public benefits from Medicaid. They would also like to provide for their other two children
with a somewhat equal share of the estate. All of the following are strategies that could be
appropriate for the couple with respect to their estate planning documents EXCEPT:

A. They could provide equal shares of their estate to the three children with Jerry’s share distributed
to a testamentary supplemental needs trust.
B. They should disinherit Jerry and provide one-half of the estate to each of the other
children with the suggestion that Jerry’s siblings provide for him as necessary.
C. They could create an ILIT for Jerry’s benefit that would be funded with survivorship life insurance
on the lives of the couple with purely discretionary supplemental needs distribution directions to
the trustee with the other two children as remainder beneficiaries.
D. They could leave their residuary estate to a supplemental needs trust for Jerry’s benefit and
create an ILIT for the benefit of the other children funded with enough insurance to equalize the
inheritances.

A

B. They should disinherit Jerry and provide one-half of the estate to each of the other
children with the suggestion that Jerry’s siblings provide for him as necessary.

21
Q

All of the following expenses would be an allowable use of ABLE account funds EXCEPT:

A. education and housing
B. transportation and health care expenses
C. entertainment and recreation
D. personal support services and financial management and administrative services

A

C. entertainment and recreation