On March 31, 2006, the Net Asset Value of the Muhlenkamp Fund was $85.98, up $1.54 year-to-date. Click here to see the current Net Asset Value of the Muhlenkamp Fund.


Quarterly Letter Back
by Ron Muhlenkamp   

Economic trends of the past year continue. The economy is growing nicely and inflation is roughly 2.0%.

The Fed should be nearing the end of its campaign to raise short-term interest rates. When they finish, it should allow price-to-earnings ratios (P/E’s)* for many stocks to expand a bit. This would broaden the number of stocks which do well beyond the current focus on extending the momentum in international and small cap stocks. We believe our companies are doing well and we expect their stocks to reflect that in the next few calendar quarters.

* Price-to-Earnings Ratios (P/E) – P/E equals the current stock price divided by the current earnings per share; it is the price currently paid for $1.00 worth of earnings.

The comments made by Ron Muhlenkamp in this article are his opinion and are not intended to be investment advice or a forecast of future events. Copies of past newsletters are available on our web site at www.muhlenkamp.com.

Structure of Wealth BACK
by Steve Bierker, Client Service Department

The rules that govern the tax treatment for both gifts and estates are complex and likely to change substantially over the next 5 years. Since these rules impact your ability to transfer wealth to others, improving your knowledge may help you in meeting the financial goals you have for yourself and your family.

This article addresses a topic that is full of complexity and, as a result, may be overwhelming the first time you read it. That’s OK. The goal of the article is not to make you an expert on these matters, but to help you understand the rules more clearly so that you can have more constructive discussions with the people you turn to for guidance on this topic.

The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) changed certain provisions related to gift and estate taxes and also your ability to use cost basis “step-ups” for inherited property. These changes were significant, but equally important is the fact that the new rules expire at the end of 2010.

In 2011, the rules that existed prior to this legislation return, unless Congress passes permanent estate tax reform. Until that time, it’s important to understand the implications of the current framework and to review and update your estate plans as the rules change.

What is an “estate” and how is the value measured?

The value of your estate includes all property owned by you at the time of your death, less allowable deductions (funeral expenses, debts owed and marital deductions). It includes any proceeds from life insurance policies for which you have the right to change beneficiaries, or are payable to your estate. Certain other items and deductions may also impact the value of your estate; please review IRS Publication 950: Introduction to Estate and Gift Taxes for more details.

Do you need to worry about Federal Gift and Estate Taxes?

The answer depends on how much your estate is worth at the time of your death, the year of your death, and whether the amount available under your estate tax exclusion has been reduced by gifts greater than the annual gift tax exemption amount. (I’ll discuss the rules that govern gifting and how gifting may impact your Federal Estate Tax Exclusion later in this article.) Also important is if those inheriting your assets are likely to be subject to federal estate taxes upon their death.

Even if you and your spouse do not believe either of you will owe Federal Estate Taxes, it’s still important to understand the impact of how your assets are titled (Individual v. Joint Tenancy). Federal law currently allows unlimited cost basis step-ups for certain inherited property.

What does cost basis mean and what’s the effect of a step-up?

Cost basis is the amount you paid for an investment, adjusted for certain items such as improvements, depreciation and return of capital. The difference between the sale price and the cost basis is subject to capital gains taxes.

Under existing rules, recipients of inherited property are permitted to adjust the cost basis of the property to the fair market value at the time of death (or an alternative date chosen by the estate representative); see instructions for IRS Form 706: Estate (and Generation-Skipping Transfer) Tax Return. The rules are scheduled to change in 2010 (repeal year) when cost basis step-up limits of $3 million for “qualified spousal property” and $1.3 million for other property are established.

In states where community property rules apply, the entire amount of eligible joint marital property is treated as owned by the deceased for purposes of the cost basis step-up. For states or property where community property rules don’t apply, the surviving owner uses a blended basis, valuing the inherited share of the assets at fair market value, but retaining their share of the property’s original cost basis. Depending on your state of residence and the likelihood of capital gains tax exposure upon your death, joint property may not be as tax efficient as individually titled property.

Gifts made during your lifetime are treated differently. Recipients assume your cost basis and are liable for capital gains taxes on the appreciated value when they sell the property. For more information on understanding the federal tax treatment of cost basis, see IRS Publication 551: Basis of Assets.

The Federal Gift and Estate Exemption amounts, as well as the maximum related tax rate can be found in Table 1 on the following page. You will notice that the amount of the Estate Tax Exclusion increases through 2009, goes away completely in 2010, and reverts back to $1 million in 2011. These exclusions are specific to an individual so that for a married couple, each spouse has the ability to claim the full exclusion amount individually.

For those potentially subject to Federal Estate Taxes, there are several ways to reduce or eliminate your estate tax exposure while maintaining your ability to provide for loved ones after you’re gone. The more common approaches include a mix of using the unlimited marital deduction, credit shelter trusts and annual gift tax exclusion. A brief overview of each follows:

Table 1

Federal Gift & Estate Tax
Exclusions and Tax Rate Schedule
Year
Estate Tax Exclusion Amount Portion Available to offset Taxable Gifts Year Maximum Tax Rate
2006 $2,000,000 $1,000,000 46%
2007 $2,000,000 $1,000,000 45%
2008 $2,000,000 $1,000,000 45%
2009 $3,500,000 $1,000,000 45%
2010 N/A $1,000,000 Repealed*
2011 $1,000,000 $1,000,000 55%

 

*Federal tax on estates repealed, top individual rate (currently 35%) for gifts

Source: www.irs.gov

Note: For 2006, if the value of your estate is less than $2 million and you’ve made no taxable gifts during your lifetime, there will be no federal estate tax due upon your death (there may be state estate taxes, depending on the state you live in).

Unlimited Marital Deduction

This approach is a common technique and can be used to transfer assets to your spouse either during your lifetime or following your death. So long as your spouse is a U.S. citizen, (and irrespective of the mechanism of transfer, be it through title, will, trust or beneficiary designation), an unlimited amount of assets may be conveyed free from federal gift and estate taxes.

Generally, if you make a gift to your spouse, he/she assumes your cost basis. If your spouse inherits your property, they may be eligible for a cost basis step-up.

If you do not use your Federal Gift and Estate Tax Exclusion amounts during your lifetime or through bequeaths made upon your death, they cannot be saved and used later by your surviving spouse. Although the unlimited marital deduction is a key element for most estate plans, one must first consider the likelihood of a spouse being subject to Federal Estate Taxes upon their death.

Credit Shelter Trusts

If you believe your surviving spouse’s estate may ultimately be subject to estate taxes, credit shelter trusts offer a way to take full advantage of both your and your surviving spouse’s Federal Estate Tax Exclusion. Generally, credit shelter trusts are funded at your death in amounts less than or equal to your available estate tax exclusion. This type of trust is designed to minimize the potential impact of estate taxes for your surviving spouse’s estate upon their death.

The advantage of this approach is that assets put into a credit shelter trust never become the property of the surviving spouse, but he/she retains a life interest in the assets and can use the income and principal for health and maintenance. Upon their death, the assets contained in the trust and any appreciation will transfer to your chosen heirs free of Federal Estate Tax considerations.

It’s important to know that when a credit shelter trust is funded, the fair market value of the assets placed in the trust (subject to IRS limitations) become the cost basis for purposes of calculating future capital gains taxes. Upon your surviving spouse’s death, your heirs will assume the cost basis of the trust. Since no further cost basis step-up is allowed, credit shelter trusts eliminate the potential for a second cost basis step-up which might have been available had your spouse directly owned the assets.

Gifting

In brief, any individual can give another individual $12,000 per year with no federal tax implications.

Gifting provides an excellent way to transfer excess assets to heirs during your lifetime. When gifts are made below the annual gift tax exemption amount (increased to $12,000 per recipient in 2006), no Gift Tax Return is required and no gift tax is due. Exemptions are also available for tuition and medical expenses for others that are paid directly by you, as well as gifts to spouses, political organizations and charities.

For married couples, gifts can be split so that one half is received from each, effectively raising the annual exemption limit per recipient to $24,000 per year. If you elect to split gifts, you will be required to file IRS Form 709: United States Gift (and Generation-Skipping Transfer) Tax Return, even when one half of the gift is below the annual gift tax exemption amount.

An added benefit of gifting is that it provides resources to heirs during your lifetime, so that you may provide guidance and education on managing wealth before you die. Estate planning is made a lot easier with the active cooperation and knowledge of your heirs. It’s also a great way to build confidence that your heirs will be responsible with your bequeath. Call it a dry run before they receive the bulk of your assets.

So how does the Gift Tax work?

When gifts are made above the annual exemption amount, the excess value of the gift is subject to disclosure by filing a Federal Gift Tax Return. Whether gift tax is owed or not depends on if you’ve consumed the full amount of your lifetime gift tax exclusion; (see Table 1 for amounts).

The lifetime gift tax exclusion is the amount of your estate tax exclusion that can be used while you’re alive. If you have not exceeded this amount, no tax will be owed for the gift. If the value of the gift exceeds the annual exclusion amount, it will reduce both the lifetime gift and estate tax exclusions available for future use.

Certain gifts made above the annual exemption amount may also be subject to the generation-skipping tax if the recipient is two or more generations below you; see IRS Instructions for Form 709 - United States Gift (and Generation-Skipping Transfer) Tax Return for further explanation.

In Summary...

The federal tax rules relating to wealth transfers are complex and likely to change. For this reason, it can be useful to get professional guidance on what strategies may best address your particular circumstance. The types of professionals commonly consulted include accountants, estate attorneys and financial planners. If you choose to work with a professional advisor, ask to be kept informed on changes in the rules that may affect your strategy. As with many items related to financial planning, time enhances your flexibility in choosing the approach most appropriate for meeting the goals that you have for yourself and your family.


Steve Bierker joined the Client Service Department of Muhlenkamp & Company, in June 2005. Steve holds a Chartered Financial Analyst (CFA) designation.


The information in this article represents the opinions of the author, and is subject to change; any forecasts cannot be guaranteed.

For Additional Information:We suggest visiting our web site at www.muhlenkamp.com, and reviewing the Muhlenkamp Memorandum archive. In issue #61, Anthony Muhlenkamp provides an overview of how IRAs work; and in issues #66 and #67, he discusses “The Importance of IRA Beneficiary Designations.” Further, in Muhlenkamp Memorandum #71, Susen Friday provides an “Overview of Retirement Plan Options for Small Business.

Any tax or legal information provided is merely a summary of our understanding and interpretation of some of the current tax regulations and is not exhaustive. Investors must consult their tax advisor or legal counsel for advice and information concerning their particular situation. Neither the Fund nor any of its representatives may give legal or tax advice.

"Harvesting Profits on Wall Street:
Essays in Investing" by Ron Muhlenkamp

Ron’s new book, Harvesting Profits on Wall Street: Essays in Investing, is now available at major retail outlets. (You may continue to order copies directly through our website, or by calling us and requesting an order form.)

Following is a review by Len Boselovic that appeared in the April 2 edition of the Pittsburgh Post Gazette:

Business books are always sprouting on the cluttered desks of financial journalists...

...Mr. Muhlenkamp’s book is a collection of essays he’s written and presentations he’s given over the years. They are updated to today, providing perspective on whether markets turned the way he anticipated...

Mr. Muhlenkamp’s father was a farmer and a steelworker, careers that helped shape his son’s outlook on the economy and investing. Many of the essays relate investing to farming, like his comparing a one-day tumble in a bull market to a warm February day. The lesson: No farmer would plant crops based on one warm February day, so why should investors change their long-term thinking based on one bad day in the market?

One of the best selections is a 1992 presentation Mr. Muhlenkamp gave on the benefits of free trade. Read it and you’ll have a deeper appreciation for why knee-jerk reactions to emotional issues are usually misinformed or misdirected.

Perhaps the book’s biggest lesson revolves around risk and inflation. While many think of risk as volatility, Mr. Muhlenkamp thinks of it as the danger inflation poses to an investor’s returns.

We all know it’s not what you make, it’s what you keep. Many investors just don’t act that way. Their chances of converting belief into action will be improved after reading Mr. Muhlenkamp’s book.

Fund Your IRA Every Year or How to Retire Wealthy by Driving Used Cars BACK

This essay was originally published in April 1995 and is included in Harvesting Profits on Wall Street: Essays in Investing

Stocks and Used Cars: The Road to Wealth?
Recently, I commented to a friend that most “investors” buy stocks the way teenagers buy clothes. He responded, “How should they buy stocks?” Being a slow thinker, I didn’t have a ready answer then, but I do now. Buy stocks the way you would buy used cars. The truly amazing fact is, if you also buy used cars, you can get rich on these two actions alone.

It is not hard to save $2,000 per year by driving a used car. The table shows that by investing $2,000 in an IRA every year, you can accumulate $1 million (at 12%) in 36 years or $928,000 (at 10%) in 40 years. (1)

There are three keys to saving $2,000 per year by driving a used car:
1. Insure only for liability. This alone will save you more than $600 per year.
2. Do not pay interest, which would cost you at least $130 annually per $1,000 borrowed.
3. Buy only what you can pay for in cash.

Do Your Homework
So how do you buy a good used car, or a good stock? In each case, start at your local library. There you will find books titled How to Buy a Used Car (or something similar), which can be read in a few hours. Read one of them. It will give you criteria to use and a framework to work from.

$2,000 per Year Compounded at 10% and 12%*
 
Year
10%
12%
5
$ 12,812
$ 13,454
10
$ 33,444
$ 37,167
15
$ 66,672
$ 78,948
20
$ 120,186
$ 152,588
25
$ 206,372
$ 282,366
30
$ 345,176
$ 511,078
35
$ 568,720
$ 914,148
40
$ 928,742
$ 1,624,496

"Note: This example is for illustrative purposes only and is not intended to reflect an investment in the Muhlenkamp Fund. Assumes reinvestment of dividends and capital gains, but does not reflect the effect of any applicable fees or expenses, which would reduce the performance. A single compounded rate of return is highly unlikely as rates may vary, especially for long term investments. This chart does not imply any future performance.

For stocks, you need to be a little more careful. The principal difference between buying used cars and buying stocks is that, with stocks, many more of the charlatans (used car salesmen) write books. Be sure the author has a successful history of making money by investing, not just by selling books or magazine articles. These authors will give you criteria to use and a framework to work from. Peter Lynch’s One Up on Wall Street is among the best I have found. Beyond that, read Ben Graham, Irving Fisher, and Warren Buffett. (Do not confuse the recent best seller about Buffett with the writings by Buffett.) Jim Roger’s Investment Biker is a must for anyone considering foreign investing. It also provides an interesting perspective for those who are not.

When shopping for cars, your next step is to check out the data in Consumer Reports. Their data is based on consumer surveys and is so organized that in 20–30 minutes you can rule out the 80% of cars you do not want to own and focus on the 10–20% that you might. If you want to refine the Consumer Reports data, talk to your mechanic (or as my neighbor did, to your tow truck driver). If you do not yet have a mechanic you respect and trust, ask your neighbors with an interest in cars whom they trust. Do not be afraid to ask several neighbors. I have never met a person who resented being asked for advice, and just because you get several opinions does not mean you have to follow all of them.

When shopping for stocks, I begin with The Value Line Investment Survey®, looking for companies with good balance sheets and a good return on equity capital (ROE). The ROE should be 15% or better; an ROE of 10% or less is not worth their being in business. I don’t like to state rules of thumb because they are subject to change with inflation and interest rates, but today I would like the price to earnings ratio (P/E) to be less than the ROE and the expected growth rate. Next, call the company to get their financial statements. Check the numbers and the footnotes in the annual report (it is audited) to be sure the Value Line numbers are accurate.

At this point, you will have identified up to a half dozen car models that satisfy your criteria. Now it’s time to shop the newspaper, because you would like to buy from a private individual. You would rather avoid a dealer because dealers dress up the cars they sell and know how to disguise problems. But the main reason you want to buy privately is because you would like to judge the current owner as well as the car. The degree of care the car has received can enhance or negate the record that you got from Consumer Reports. There are no used cars I would buy sight unseen, but there are people (very few) whose used cars I would buy sight unseen. In such cases, I would be buying based on my knowledge of the owner. Once you have identified a model that fits your criteria and a car that appears to be in good shape, be willing to pay your mechanic to check it over (it is cheap insurance).

Similarly with stocks, you would like to talk to the management of the companies you are interested in buying. For the individual, this is not always practical, but you can often get a reading on management from the company’s annual report. The letter to shareholders should give you a summary of what management sees in their markets and what they are trying to accomplish. The best management will spell out the company’s goals in specific terms. The proxy material will tell you how much stock management owns and whether they are compensated in ways that encourage them to work for the shareholders. In nearly all cases, the quality of the company’s management is more important than the characteristics of the industry they are in. Finally, check with the company’s customers. If the customers are happy, the company is doing something right.

The Winners, the Losers, and the In-Between
With both used cars and company stocks, you will find that junk is junk; there are many models and many companies you do not want to own at any price — so don’t! Good is good; you will find some that you would like to own at a fair price. And there are a few gems that are worth paying a premium. (Warren Buffett has suggested that you should expect to find fewer than 20 gems in a stock-picking lifetime.) With both cars and stocks, look for the gems, but expect to compromise, particularly on the non-essentials. If you accept only perfect gems, you will miss a lot of good stocks and do a lot of walking.

Finally, be aware that no matter how much effort you put into it, on occasion you will get a lemon. When this happens, sell it and go on to the next vehicle. Selling a lemon may be a blow to your ego, but it’s a lot less painful than keeping it. You will find that commissions for selling a stock are low. You will also find that selling a lemon you paid $3,000 for is a lot less painful than the new lemon your neighbor bought for $20,000.

How long will all this take? My daughter-in-law knows nothing about the mechanics of cars and knew nothing about shopping for them. Using the above advice, she spent four hours in the library and five or six hours shopping. In the end, she
bought a good used car for $4,500. On stocks, I spend 40+ hours per week.

The Road We’ve Traveled
Out of curiosity, I decided to check my own record. In 32 years, I have bought and sold 24 cars. The total of the purchase prices minus the sales prices is less than $20,000. If you adjusted this for inflation, it might be $30,000. So, our annual depreciation cost has been less than $1,000, and we’ve been a two-car family since 1970. Today, a more realistic depreciation would be $1,000 per car per year.

In the meantime, I have been fully funding my IRA since the law became effective in 1981. I have contributed $29,500 (in 1981, you could only contribute $1,500). I have not done anything fancy or heroic, just put the money in two good no-load, total-return mutual funds. As of March 31 of this year (1995), the market value was more than $76,000. A glance at the table shows that it has been compounding at better than 12% per year, and I am on track for a prosperous retirement.

We’ve seen some articles making the case that not everyone should fund their IRAs. We agree. When you become confident that your tax-deferred assets (pension plan, profit sharing plan, and IRA) will exceed $1 million by the time you reach 60, it makes sense to cease funding your IRA (and to take a full measure of comfort in what you have accomplished).

2003 Update
In line with the last paragraph, I have not contributed to my IRA since 1995. As of September 30, 2003 the market value was more than $211,000. A glance at the table shows that it has been compounding at better than 12% per year, and I remain on track for a prosperous retirement.

(1) For 2006, the allowance for IRA contributions is $4,000.

* Return on Equity (ROE) – ROE is a company’s net income (earnings), divided by the owner’s equity in the business. This percentage indicates company profitability or how effectively a company is using its equity capital.

Events BACK
Location Date





Please join us at the Heinz History Center, Pittsburgh , PA or via Live Web cast.

2:00 p.m. and 7:00 p.m. sessions

Ron Muhlenkamp will deliver How Much Money Are You Willing to Lose for a Theory?

To register, please call (877) 935.5520 ext 4 or Click Here to register electronically. RSVP by April 26.

April 27
Atlanta Investor Conference

Join us from May 4-6 at the Cobb Galleria Centre in Atlanta, GA.

Tony Muhlenkamp will deliver the keynote address, The Basics of Investing, on Friday, May 5 at 11:00 a.m.

There is no charge for general admission. For details, please call (877) 935-5520 ext 4.

May 4 - 6
FPA Retreat

Doubletree Paradise Valley hotel in Scottsdale, AZ.

On Friday, May 5, Ron Muhlenkamp will deliver How Much Money Are You Willing to Lose for a Theory?

May 4 - 7

AAII Meeting


May 16, 2006PBC South County Civic Center, Delray Beach, FL 7:30 p.m.Tony Muhlenkamp will deliver The Basics of Investing.To attend, please all (877) 935.5520 ext 4.

May 16

Broaden your investment education by attending The Money Show Las Vegas, May 15-18, at the Paris & Bally’s Resorts.

Ron will take part on a special session titled, Good and Cheap: Value Investing in Today’s Market and deliver a free workshop, Back to Basics: How to Make Money in the Current Investment Climate. Ken Dupre, investment analyst, will deliver a free workshop, Helping Investors to Become Better Investors. And Susen Friday, regional manager, will deliver How to Choose a Money Manager.

Muhlenkamp & Compan
y will be exhibiting in Booth #411. For more details or to register for complimentary admission, call 800/970-4355 (be sure to mention priority code #005930). Click the image above to register online.

May 15 - 18

AAII Meeting

May 23, 2006Radisson Hotel, Worthington, OH 8:00 p.m.Tony Muhlenkamp will deliver The Basics of Investing.To attend, please all (877) 935.5520 ext 4.

May 23

NAPFA National Conference May 17-21, 2006Gaylord Texan Hote. lRon Muhlenkamp will participate in a panel discussion, Active vs. Passive Investing, on Sunday, May 21. If you’d like to talk with us at the show, please stop by our exhibit booth.

May 17-21
Carnegie Library of Pittsburgh

Downtown Branch, June 22, 2006. 12:00 noon. Tony Muhlenkamp will deliver The Basics of Investing. There is no charge for general admission. For details, please call (877) 935-5520 ext 4.

June 22

Morningstar Investment Conference

June 28–30, 2006. Hyatt Regency on the Riverwalk, Chicago, IL. Ron Muhlenkamp will deliver two breakout sessions on Friday, June 30: Stock Picking with Ron Muhlenkamp. To register, please visit advisor.morningstar.com. If you’d like to talk with us at the show, please stop by our exhibit booth.


June 28–30
 


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