On Demand

All in Due Process: North Carolina Dep't of Revenue v. Kimberley Rice Kaestner 1992 Family Trust


Created on November 18, 2019




Earlier this year, the Supreme Court issued a unanimous opinion in the North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, holding that a trust beneficiary's residence alone is not sufficient for a state to tax the trust's undistributed income. Prior to the decision, some speculated that the Court's decision could have far-reaching Due Process implications. However, the Court's decision purported to be limited to the specific facts at issue – raising the question as to how (or if) Kaestner altered the Due Process landscape. 

This course, presented by Reed Smith state tax attorneys Michael Lurie and Megan Miller, reviews the precedent that set the stage for the SCOTUS' Kaestner decision before exploring the implications of the decision for state tax and Due Process purposes. Finally, the course will evaluate the risks and opportunities the Kaestner decision presents for taxpayers.

Learning Objectives:

  1. Perform a detailed analysis of the Kaestner decision, particularly the precedent underlying the Court's unanimous decision and the concurring opinion
  2. Explore the implications of Kaestner in the realm of trust tax, as well as in the context of Due Process generally
  3. Discuss how the decision will affect taxpayers prospectively, and consider available planning opportunities

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