paper bills and coins

The Internal Revenue Service says it made a mistake in valuing Michael Jackson’s estate. Nope, the IRS hasn’t abandoned its much discussed claim for $702 million in extra taxes and penalties—a bill Jackson’s estate is fighting in U.S. Tax Court. Instead, the tax agency is upping its demand by $29 million to nearly $731 million.

The IRS made a mistake? You heard that right. But it’s a mistake the IRS likely doesn’t mind admitting to, especially if it means they can collect more estate taxes.

Previously, the IRS had claimed that Michael Jackson’s estate owed $702 million in estate taxes. Now, as Forbes reports in an article titled IRS: We Made a Mistake Valuing Michael Jackson’s Estate,” the IRS claims the estate actually owes $731 million. The difference is due to the IRS mistaking Jackson’s percentage of ownership regarding certain songs. Litigation over exactly how much estate tax is due is likely to go on for a very long time as Jackson had a huge collection of personal items that still need to be valued.

The big issue in the litigation, however, is over how much Jackson’s name and likeness were worth at the time of his death. When Jackson passed away he was the subject of child molestation accusations and many other rumors. He was at that point not a highly sought after entertainer. Thus, his family valued his name and likeness at a few thousand dollars as of his date of death. The IRS values it over $400 million.

It is important to note that even though Jackson has greatly increased in popularity since his death that does not matter for estate tax purposes. Tax is only due on how much his name and likeness were worth at the time of his death.

A lesson can be learned in this litigation for non-celebrities. Over $250 million of the amount the IRS says is due are from fines and fees for the estate allegedly misrepresenting the value of the estate. It is very important that you value things correctly when you are administering an estate.

Reference: Forbes (October 3, 2014) IRS: We Made A Mistake Valuing Michael Jackson’s Estate

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.