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IRS Ad Parodies Viagra Commercial

Estate planning tabThomas W. Abendroth, an attorney with Schiff Hardin in Chicago, created an ad for the Internal Revenue Service that helps explains portability. The ad, which parodies a Viagra commercial, begins with a voiceover that states:

For those couples who may experience a loss of applicable exclusion amount. Following the death of your spouse, you should use within 9 to 15 months to prevent a loss of exclusion. Using portability more than once may result in a decrease in benefits.

Portability is not for everyone. Consult your attorney before using portability. Portability is not a substitute for credit shelter planning. If you experience sudden appreciation of assets, you should not use portability. See your estate planning attorney immediately if your assets are subject to significant appreciation.

The benefits of portability may only last 11 months.

If you experience an election lasting more than 11 months, then portability may be permanent. There is no need to see your attorney, or a doctor. Permanent portability is beneficial.

If you experience dizziness, dry mouth, blurred vision, anxiety, breathing problems, chest pains, hallucinations, redness, blistering or peeling of the skin, or swelling of the hands or feet, none of these symptoms are caused by portability. What else are you taking?

For more information on the IRS’s ad or portability, see Deborah L. Jacobs, Lawyer Parodies Viagra Ad to Explain Drawbacks of Tax Break For Married Couples, Forbes, Jan. 10, 2011.