Crummey notice gap on three premium years risks gift-tax inclusion.
Premium contributions to the ILIT for tax years 2020, 2022, and 2024 do not have corresponding Crummey notices in the trust file. Without contemporaneous notices, the contributions risk being treated as future-interest gifts ineligible for the annual exclusion — and the policy proceeds risk inclusion in the gross estate.
ILIT created 2018, funded by annual premium contributions through the grantor's checking account. Notices on file for 2018, 2019, 2021, 2023. Missing for 2020, 2022, 2024. Combined contributions for those three years: $108,000. Policy face: $5M.
Whether notices were issued and not retained, whether they were not issued at all, and whether the trustee has communications that would substantiate constructive notice. The 709 filing posture for the missing years.
Reconstruct trustee communications for the missing years and confirm the 709 filing history. If the gap cannot be substantiated, work with counsel on remediation before the case is presented to the underwriter — the inclusion risk affects the planning premise the case rests on.
A finding the underwriter would surface on review is a finding the case manager wants to surface first.