# IRS targets trust strategies in major estate planning case

> A Nashville family faces a $736 million tax bill after the IRS challenged their use of irrevocable trusts to pass wealth to heirs.
- Title: IRS targets trust strategies in major estate planning case
- Summary: A Nashville family faces a $736 million tax bill after the IRS challenged their use of irrevocable trusts to pass wealth to heirs. The IRS is scrutinizing…
- Keywords: irs, estate planning, trusts, grantor retained annuity trusts, grats, gift tax, wealth transfer, tax court, irrevocable trusts, elcan case, nashville, targets
- Source: Kiplinger — https://kiplinger.com/taxes/the-irs-is-taking-a-closer-look-at-trusts
- Published: 2026-09-24T13:27:00+00:00
- Read time: 2 min
- Topics: irs, estate planning, trusts, grantor retained annuity trusts, grats, gift tax, wealth transfer, tax court, irrevocable trusts, elcan case, nashville
## Trillions in wealth changing hands
As generational wealth transfers accelerate, the IRS is paying closer attention to how families use trusts and other estate planning strategies to minimize taxes.
## The Elcan family case explained
The IRS is seeking $736 million from a Nashville couple, claiming their use of three irrevocable trusts didn't qualify for intended tax treatment and generated roughly $200 million in unauthorized tax-free transfers.
## What are GRATs?
Grantor retained annuity trusts let you transfer assets while receiving annual payments for a set period. If assets grow faster than the IRS hurdle rate, excess gains pass to heirs tax-free.
## The substitution power strategy
The Elcans used a substitution power clause to swap investments out of their trusts and replace them with promissory notes, which the trusts then used to pay required annuities back to the grantor.
## IRS argues it's a tax dodge
The agency contends the arrangement violates Section 2702 of the tax code by using personal IOUs to satisfy annuity payments, calling it an indirect step transaction designed to bypass qualified annuity rules.
## Potential tax bill if IRS wins
If the Tax Court agrees with the IRS, the entire $687.5 million transferred to the GRATs could be treated as a taxable gift, triggering massive federal gift tax liability.
## Taxpayers say they followed rules
The Elcans argue the trust didn't issue new debt to pay annuities. Instead, existing promissory notes that were already trust assets were legally returned to satisfy payment obligations.

> the existing notes were already trust assets that were legally returned to satisfy the payment obligations
## Case still pending in Tax Court
The Elcan v. Commissioner case is still awaiting a Tax Court ruling on the taxpayer's motion for summary judgment, with potential implications for similar GRAT strategies nationwide.
## Broader lesson for estate planning
How trust assets are moved, exchanged, or substituted over time can attract IRS attention. The ruling could clarify GRAT treatment and affect other taxpayers using similar strategies.
## Protect your estate plan
Review your estate plan periodically and have an estate planning attorney and tax professional review significant transactions in advance to avoid IRS challenges.

> Details matter when using a trust or other potentially high-value estate planning strategies
## Key takeaway

The IRS is scrutinizing how trusts move assets and substitute investments, so work with tax professionals before making significant trust transactions.