Bada Bing? Gandolfini's Leaves Behind a "Tax Disaster"

By Teresa Ambord 
He meant to share the wealth . . . evidently. But the will left by The Sopranos' lead actor James Gandolfini is causing attorneys to scratch their heads. Some can't help but wonder – did the man who accumulated an estate worth about $70 million seek any legal advice at all before making a will that's a "nightmare?" 
Last month while Gandolfini and his family attended a film festival in Rome, the fifty-one-year-old actor died of a massive heart attack. In the weeks following his death, the terms of his will made it clear: his nice fat fortune was about to be emaciated. Because of the way the actor left his money, the IRS appears to be the single largest benefactor, taking almost half of Gandolfini's amassed wealth. 
The will, filed in Manhattan Surrogate Court, left 80 percent of the money to his sisters and his nine-month-old daughter. That money will be subject to the 55 percent death tax, which calculates to over $30 million going to the IRS. Only the remaining 20 percent is left to his wife, Deborah Lin. 
Making it even worse for Lin, the will also states the shares will be paid out after the tax bill is settled. Twenty percent of the pre-tax amount would have been $14 million, but because of the after-tax stipulation in the will, she will get closer to $8 million. Gandolfini's sisters and infant daughter will divide 80 percent of the remaining $40 million.
Assets for Sale 
Like many wealthy individuals, Gandolfini's assets were mostly nonliquid. This means the family will be scrambling to sell off his properties to pay the tax bill. As of now, the exact size of his estate isn't known, because the inventory of assets doesn't need to be completed until December. 
Estate attorney William Zabel told New York Daily News reporters, "It's a nightmare from a tax standpoint." The estate tax isn't due right now, but by early next year, a tax bill of roughly $30 million will be due and payable. "The government doesn't accept the fact that it's difficult to come up with the money. They can get an extension of time to pay the entire amount, but they're going to have to pay a substantial amount in nine months." 
Some have suggested the sisters could renounce their shares of the estate, causing the money to pass directly to Lin and avoid the death tax. 
Other Points of Interest 
There are some brighter spots for Gandolfini's heirs. He left a $7 million life insurance policy naming his son Michael, age thirteen, as the beneficiary. This money will not be subject to estate tax. Also, before his death, Gandolfini set up separate trusts for his wife and son. 
Then there are ongoing royalties from the actor's long film and TV career. It's unclear at this time whether those royalties will become part of the estate or be added to the established trusts. If the royalties are scheduled to go into the estate, this money will also be subject to the death tax.
Bada Bing?
By at least one definition found online, "bada bing" implies help from an older relative, or to be more precise, "Your uncle will make your day!" Maybe so. But one thing is certain – the helpful uncle in this scenario isn't Uncle Sam.

You may like these other stories...

Boehner addresses GOP priorities ahead of midterm electionsHouse Speaker John Boehner (R-OH) on Thursday delivered what amounted to closing arguments ahead of the November elections, laying out a list of Republican...
As anyone who's ever been through a divorce can attest, the pain of parting with your spouse isn't just emotional—the fallout from divorce can wreak financial havoc as well long after the dust in the courtroom...
Former DOJ Tax Division head Kathryn Keneally joining DLA Piper in New YorkGlobal law firm DLA Piper announced on Thursday that Kathryn Keneally, the former head of the US Justice Department Tax Division, is joining the firm...

Already a member? log in here.

Upcoming CPE Webinars

Sep 24
In this jam-packed presentation Excel expert David Ringstrom, CPA will give you a crash-course in creating spreadsheet-based dashboards. A dashboard condenses large amounts of data into a compact space, yet enables the end user to easily drill down into details when warranted.
Sep 30
This webcast will include discussions of important issues in SSARS No. 19 and the current status of proposed changes by the Accounting and Review Services Committee in these statements.
Oct 21
Kristen Rampe will share how to speak and write more effectively by understanding your own and your audience's communication style.
Oct 23
Amber Setter will show the value of leadership assessments as tools for individual and organizational leadership development initiatives.