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own, the bene ciary may take the whole, leaving the trustee to prove his own part If the trustee is insolvent, the bene ciary shares with the other creditors unless de nite property can be identi ed as belonging to the trust Interest will be charged against a trustee who has mingled trust funds with his own If bank deposits are made in the individual name of the trustee, he will be treated as a guarantor of the solvency of the bank, even though he uses care in his choice of the bank and has not in any way misused the funds In general, a trustee is not liable for losses caused by the default or negligence of a co-trustee unless he has cooperated with the trustee who is at fault, or has known of the trustee s misconduct and has not taken any steps to prevent it If, however, each trustee should have interested himself in the matter in question, such as the proper investment of funds, each would be responsible even though he took no part in or knew nothing of the misconduct All trustees should act together in handling the trust property and should apply to the court for instructions in case they cannot agree Unanimity is usually required for all important decisions in the case of private trusts, but a majority of a board of trustees may act for a charitable trust In certain circumstances, a trustee may become personally liable for the unpaid estate taxes of a decedent under the theory of transferee liability Ordinarily, the bene ciary of an estate or trust is ultimately liable for any unpaid estate or gift taxes due on the transfer The liability is equal to the value of the property received by the recipient as of the date of transfer A review of IRC Sections 6324 and 6901, primarily, is in order For example, the trustee of an inter vivos trust that is included in the gross estate for estate tax purposes could result in the trustee being personally liable, as opposed to the bene ciaries, for payment of any attributable estate taxes Certain trust distributions trigger the GSTT, discussed in Subsection 431(l), requiring the trustee to pay this tax As a result of this ossibility, a trustee should consider maintaining a reserve until he is satis ed that all such taxes are satis ed Upon making distributions, the trustee should also consider requesting that the bene ciaries indemnify him for any taxes that may be assessed against him (f) GUARDIANS If a person is incompetent to manage his own property because of a disability such as infancy or mental incompetency, a guardian will be appointed by the probate or other appropriate court The court must approve the appointment of a guardian by will A guardian is a trustee in the strictest sense of the term He is directly under the supervision of the court If possible, only the income from the property should be used for the maintenance and education of the bene ciary; permission must be granted by the court before the principal can be used for this purpose Any sale of real estate must be authorized by the court A guardian should have the authorization of the court or the direction of a will before paying money to a minor or to anyone for the minor; otherwise he may be compelled to pay the amount again when the minor becomes of age (g) TESTAMENTARY TRUSTEE The work of the trustee appointed by a will begins when the executor sets aside the trust fund out of the estate assets One person may serve as both executor and trustee under a will The testamentary trustee has slightly more freedom in handling the funds than does the executor, and his responsibility may be made less rigorous by provisions of the will He holds, invests, and cares for the property, and disposes of it or its income as directed by the will A trustee should have speci c authority of a will or the court, or the consent of everyone interested, before carrying on a business If there are several executors, one can act alone, but trustees must act jointly (h) COMPENSATION OF TRUSTEES Trustees are usually allowed compensation for their work, either by provision of the trust instrument or by statute The statutory provision is usually a graduated percentage of the funds handled A trustee is entitled to be repaid expenditures reasonably and properly incurred in the care of trust property The compensation is usually allocated to principal and income in accordance with the speci c provision of the indenture or as provided by statute or rules of law.

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FASB AND EITF PRONOUNCEMENTS SINCE 1978 Year 1982 1984 Issued By FASB FASB Title FASB Technical Bulletin No 82 2: Accounting for the Conversion of Stock Options into Incentive Stock Options as a Result of the conomic Recovery Tax Act of 1981 FASB Interpretation No 38: Determining the Measurement Date for Stock Option, Purchase, and Award Plans Involving Junior Stock, an interpretation of APB Opinion No 25 EITF Issue No 84 13: Purchase of Stock Options and Stock Appreciation Rights in a Leveraged Buyout EITF Issue No 84 18: Stock Option Pyramiding EITF Issue No 84 34: Permanent Discount Restricted Stock Purchase Plans EITF Issue No 85 45: Business Combinations: Settlement of Stock Options and Awards EITF Issue No 87 6: Adjustments Relating to Stock Compensation Plans EITF Issue No 87 23: Book Value Stock Purchase Plans EITF Issue No 87 33: Stock Compensation Issues Related to Market Decline EITF Issue No 88 6: Book Value Stock Plans in an Initial Public Offering EITF Issue No 90 7: Accounting for a Reload Stock Option EITF Issue No 90 9: Changes to Fixed Employee Stock Option Plans as a Result of Equity Restructuring EITF Issue No 94 6: Accounting for the Buyout of Compensatory Stock Options EITF Issue No 95 16: Accounting for Stock Compensation Arrangements with Employer Loan Features under APB Opinion No 25 FASB Statement No 123, Accounting for Stock-Based Compensation EITF Issue No 96 18, Accounting for Equity Instruments That Are Issued to Other Than Employees for Acquiring, or in Conjunction with Selling, Goods or Services EITF Issue No 97 12, Accounting for the Delayed Receipt of Option Shares upon Exercise under APB Opinion No 25 EITF Issue No 97 12, Accounting for Increased Share Authorizations in an IRS Section 423 Employee Stock Purchase Plan Under APB Opinion No 25 FASB Technical Bulletin 97 1, Accounting under Statement 123 for Certain Employee Stock Purchase Plans with a Look-Back Option EITF Topic No D-83, Accounting for Payroll Taxes Associated with Stock Option Exercises EITF Issue No 00 8, Accounting by a Grantee for an Equity Instrument to Be Received in Conjunction with Providing Goods or Services EITF Issue No 00 18, Accounting Recognition for Certain Transactions Involving Equity Instruments Granted to Other Than Employees FASB Interpretation No 44, Accounting for Certain Transactions Involving Stock Compensation EITF Topic No 91, Application of APB Opinion No 33 and FASB Interpretation No 44 to an Indirect Repricing of a Stock Option EITF Issue No 0012, Accounting by an Investor for Stock-Based Compensation Granted to Employees of an Equity Method Investee EITF Issue No 00 18, Classi cation in the Statement of Cash Flows of the Income Tax Bene t Received by a Company upon Exercise of a Nonquali ed Employee Stock Option EITF Issue No 00 16, Recognition and Measurement of Employer Payroll Taxes on Employee Stock-Based Compensation EITF Issue No 00 23, Issues Related to the Accounting for Stock Compensation under APB Opinion No 25 and FASB Interpretation No 44 EITF Issue No 01 1, Accounting for a Convertible Instrument Granted or Issued to a Nonemployee for Goods or Services or a Combination of Goods or Services and Cash EITF Topic No 93, Accounting for Rescission of the Exercise of Employee Stock Options .

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Accounting In addition to compensation expense previously recognized for changes in book value, compensation expense should be recognized on successful completion of the IPO for the difference between market value and book value at the date of the IPO, because conversion of the book value option to a market value option results in a new measurement date Subsequent to the IPO, no further compensation expense would be recognized, assuming the plan otherwise remains a xed plan under APB Opinion No 25 Any change in book value resulting from successful completion of the IPO should be recognized as compensation expense at the time of the IPO in accordance with variable plan (SAR) accounting Subsequent to the IPO, the plan should continue to be accounted for like an SAR based on the consensus reached in conjunction with EITF Issue No 87 23 No compensation expense should be recognized at the time of the IPO; however, shares issued under the purchase plan within one year of the IPO are presumed to have been issued in contemplation of the IPO and would result in compensation expense for the difference between the book value of those shares and their estimated fair value at date of issuance Subsequent to the IPO, no further compensation expense would be recognized, assuming the plan remains a xed plan under APB Opinion No 25 No compensation expense should be recognized upon successful completion of the IPO for any impact that the IPO may have on book value; however, shares issued under the purchase plan within one year of the IPO are presumed to have been issued in contemplation of the IPO, and would result in variable ward (SAR) accounting for actual changes in book value of the shares since the date of their issuance Subsequent to the IPO, compensation expense would be recognized for increases in book value after the IPO (variable award accounting).

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