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Publications Publications Section

Date

Title

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March 2017
The Florida Bar Journal
February 14, 2017
Employee Benefits & Executive Compensation Blog
February 2017
  • February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Grants Retroactive Effect to a Court Reformation of Several GRATs (P.L.R. 201652002 (December 23, 2016))
  • The IRS Revokes a Prior Private Letter Ruling Holding That A Delaware Incomplete Non-Grantor Gift Trust ("DING") Was a Non-Grantor Trust (P.L.R. 201642019 (October 14, 2016))
  • The IRS Provides Guidance on a New Method Available to Confirm the Closing of an Examination of an Estate Tax Return (Notice 2017-12)
  • Eleventh Circuit Rules Claim For Unpaid Fiduciary Fees Is Not Superior to Government's Special Estate Tax Lien (U.S. v. Spoor, 838 F.3d 1197 (11th Cir. 2016)
  • The Alaska Supreme Court Recognizes a Holographic Will That Contained No Terminal Signature (In the Matter of the Estate of Alva Marie Baker, 2016 WL 7488253 (Dec. 30 2016))
  • New York Surrogate's Court Ordered An Attorney to Produce His Entire Computer in a Will Controversy Litigation (In the Matter of the Estate of Nunz, 2016 WL 4198874 (Aug. 9, 2016))

 

February 2017
Taxes The Tax Magazine
January 7, 2017
Trusts & Trustees
Winter 2017
Action Line, a Publication of the Florida Bar Real Property, Probate & Trust Law Section
December 19, 2016
Employee Benefits & Executive Compensation Blog
Winter 2016
Trusts and Estates Law Section Newsletter
December 2016
  • December Interest Rates for GRATs
  • 2017 Annual Gift Exclusion
  • 2017 Gift and Estate Tax Exemption Amount
  • New Jersey Eliminates State Estate Tax
  • Tax Court Includes Family Limited Partnership in Decedent's Estate
  • IRS Allows Estates to Make QTIP Elections That Do Not Reduce or Eliminate Federal Estate Tax
  • U.S. District Court Examines When the IRS May Recover Unpaid Estate Tax Estate from Beneficiaries
  • California Adopts the Uniform Fiduciary Access to Digital Assets Act
December 12, 2016
The CLS Blue Sky Blog
December 6, 2016
Employee Benefits & Executive Compensation Blog
December 2016
  • 2017 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan
  • Gift Tax Update
  • Proposed Regulations Seek to Curtail Valuation Discounts
  • New Jersey Estate Tax Exemption Raised to $2,000,000; Estate Tax to be Phased Out
  • New York Raises Basic Exclusion Amount to $5,250,000
December 1, 2016
Employee Benefits & Executive Compensation Blog
November 18, 2016
Employee Benefits & Executive Compensation Blog
November 10, 2016
Bloomberg BNA Tax Management Estates, Gifts and Trusts Journal
Fall 2016
Trusts and Estates Law Section Newsletter
October 26, 2016
Employee Benefits & Executive Compensation Blog
October 21, 2016
LISI Planning Newsletter
October 2016
  • October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Announces "Self-Certification" Procedure for Taxpayers to Rollover IRAs, even after Deadline has Passed (Revenue Procedure 2016-47 (August 2016))
  • Reformation of an Irrevocable Trust to Correct Drafting Mistakes Did Not Result in Taxpayer Having (or Releasing) a General Power of Appointment (Private Letter Ruling 201634015 (August 19, 2016)
  • Certain Trust Modifications did not result in Loss of Grandfathered GST Exempt Status and Trust Assets were not Includible in Taxpayer's Gross Estate (Private Letter Ruling 201634016 (August 19, 2016))
  • First Circuit Rules that Executors May be Personally Liable for Decedent's Unpaid Taxes Where Executor Distributes Property and Knows of the Tax Deficiency (U.S. v. McNicol, 118 AFTR 2d 2016-5150 (CA1 2016, decided July 15, 2016))
  • New York Amends its Civil Practice Laws and Rules to Protect Attorney-Client Privilege in Preparation of Revocable Trusts (NYCPLR Section 4503(b)) (effective as of August 19, 2016)
  • IRS Issues Final Regulations to Define Terms Reated to Marital Status as a Result of Recent Supreme Court Decisions (T.D. 9785)
September/October 2016
Probate & Property
Revisiting Pope and Creditors' Notices—For Certain States, Has Florida Clarified the Rules?
September 2016
Probate and Property, American Bar Association
August 30, 2016
WealthManagement.com
September 2016
  • September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Case to Watch – Constitutional Challenge to New Jersey Statute. Rucksapol v. Dir., Div. of Taxation, N.J. Tax Ct., No. 009356-2015 (unpublished, May, 11, 2016), N.J. Super. Ct. App. Div., No. A-004089-15T2 (brief filed July 22, 2016).
  • Florida Court Interpreted Florida Statute 736.0602(3) to Allow the Revocation of a Trust By a Later Executed Will Where There Is Clear and Convincing Evidence of the Settlor's Intent. Bernal v. Marin, Docket No. 3D15-171, 2016 Fla. App. Lexis 9229 (Fla. Dist. Ct. App. 3d Dist., June 15, 2016).
  • IRS Indicates That Orders of State Courts Cannot Alter Federal Tax Consequences
  • South Dakota – Special Spousal Trust Statute – SDCL 55-17
August 17, 2016
ERISA Practice Center Blog
August 10, 2016
August 2, 2016
August 2016
  • Low Interest Rates Yield Wealth Transfer Opportunities
  • Creating a "GRAT": Heads You Win, Tails You Break Even
  • Intra-family Loans: A Simple Yet Effective Estate Planning Tool
  • Charitable Lead Trusts Can Save Transfer Taxes
Summer 2016
Trusts and Estates Law Section Newsletter
July 19, 2016
ERISA Practice Center Blog
July 14, 2016
ERISA Practice Center Blog
July 2016
  • July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Bankruptcy Court finds that Taxpayer's funds used in complex system of domestic and offshore trusts and other entities used to buy real estate and other assets for his children's use were not taxable gifts in In re: Wyly, 115 AFTR 2d 2016-682 (Bankruptcy Ct. Tex. 2016)
  • New Jersey Tax Court denies marital deduction to decedent who died six days before he was scheduled to wed his same-sex partner of thirty-one years in Rucksapol v. Dir., Div. of Taxation, N.J. Tax Ct., No. 009356-2015 (May 11, 2016)
  • Attorney who was the court-appointed receiver of a private foundation was removed for making improper distributions in Matter of Kermit Gitenstein Foundation, 357003A, NYLJ 1202758893277 (N.Y. Surr. Ct. Nassau Co., decided May 26, 2016
  • FinCEN issues final Customer Due Diligence Regulations requiring financial institutions to gather additional information about certain entities
June 20, 2016
American Bar Association Section on Taxation to the Internal Revenue Service
June 15, 2016
Steve Leimberg’s Estate Planning Newsletter
Summaries of Presentations from the 2016 Florida Tax Institute
June 13, 2016
ERISA Practice Center Blog
June 2016
  • June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • The Tax Court held that split-dollar insurance arrangements between the decedent and three dynasty trusts she had created for her sons were taxable under the economic benefit regime in Estate of Clara M. Morrissette et al. v. Commissioner, 146 T.C. No. 11; No. 4415-14 (April 13, 2016)
  • The Tax Court prevented taxpayer from using her deceased husband's AMT tax credit carryforward to offset her own individual income tax liability in Vichich v. Commissioner, 146 T.C. No. 12; No. 7509-12 (April 21, 2016)
  • The U.S. District Court allowed the government to attach a federal tax lien to a delinquent taxpayer's right to funds in a trust established for him under his deceased mother's Will in Duckett v. Enomoto et al., No. 2:14-cv-01771 (April 18, 2016)
  • IRS Issues Final Regulations Regarding Program-Related Investments under IRC § 4944
  • Florida has adopted the Florida Fiduciary Access to Digital Assets Act
May 2016
Palm Beach County Bar Association Bulletin
May 2016
The Florida Bar Journal
May 2016
Trust & Estates
April 20, 2016
April 18, 2016
LISI Asset Protection Newsletter #320
April 6, 2016
ERISA Practice Center Blog
March 2016
  • March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Withdraws Proposed Regulations Dealing with Substantiating Charitable Deductions under IRC §170(f)(8)(D)
  • The Tax Court prevented taxpayer from asserting collateral estoppel against the IRS and relying on a state court decision in a lawsuit between her and her ex-boyfriend in Blagaich v. Commisioner, TC Memo 2016-2 (January 4, 2016)
  • Tax Court held that taxpayers were not entitled to a charitable income tax deduction for a donation of a conservation easement because they failed to include a qualified appraisal with their return in Gemperle v. Commissioner, T.C. Memo 2016-1 (January 4, 2016)
March 15, 2016
LISI Asset Protection Newsletter #317
March 14, 2016
LISI Asset Protection Newsletter #316
March 2016
Palm Beach County Bar Association
February 2016
  • February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Issues Final Form 8971 and Instructions for New Consistent Basis Reporting Rules
  • Tax Court Draws a Fine Line on the Taxation of Gifts Made to Resolve Intra-Family Litigation, Sumner Redstone v. Commissioner, T.C. Memo. 2015-237 (December 9, 2015).
  • “Fluke” Art Auction Price Argument Fails to Protect Taxpayer in Tax Court, but “Depressed Market” Discount Is Allowed, Estate of Newberger v. Commissioner, T.C. Memo. 2015-246 (December 22, 2015)
February 2016
Palm Beach County Bar Association Bulletin
February 2016
The Florida Bar Journal
January 19, 2016
New York Law Journal
January 19, 2016
January 2016
Palm Beach County Bar Association
January 2016
December 2015
  • 2016 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan
  • Gift Tax Update
  • New York Raises Basic Exclusion Amount to $4,187,500
  • Valuation Discounts Severely Curtailed: What’s All the Hoopla About?
December 2015
  • December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • New York State Issues Guidance Regarding the Treatment of Certain Deductions for New York Estate Tax Purposes for Decedents Dying after April 1, 2014 (TSB-M-15(4)(M))
  • Treasury Issues Proposed Regulation that Offers an Alternative to Contemporaneous Written Acknowledgment Obligation Imposed on Charitable Organizations
November 2015
  • November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • 2016 Annual Gift Exclusion
  • 2016 Gift and Estate Tax Exemption Amount
  • Tax Court Upholds Valuation Discount on "Net Net Gift" (Steinberg v. Commissioner, 145 T.C. No. 7 (September 16, 2015))
  • IRS Memorandum Illustrates Importance of Adequately Describing and Valuing Reportable Gifts (Legal Advice Issued by Field Attorneys 201522001F (March 13, 2015)) 
  • Massachusetts Appeals Court Includes Irrevocable Trust for Husband in Division of Assets in Divorce (Pfannenstiehl v. Pfannenstiehl, Nos. 13-P-906, 13-P-686 & 13-P-1385 (Mass. App. Ct. Aug. 27, 2015))
November 1, 2015
The Florida Bar Journal
The Crux of the Clutch CRUT Crutch: How to Fix an Impermissible Split-Interest Trust to Obtain an Estate Tax Charitable Deduction
October 13, 2015
Fall 2015
Trusts and Estates Law Section Newsletter
October 2015
  • October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • State of North Carolina May Not Tax a Nonresident Trustee on the Income of a Nongrantor Trust Based on the Existence of Resident Discretionary Beneficiaries (Kimberley Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue, Docket No. 12 CVS (N.C. Super. Ct., April 23, 2015))
  • Court Relied on Square Corners Doctrine to Determine That New Jersey's Collection of Tax on Income Attributable to Non-New Jersey Assets Was Improper (Residuary Trust A U/W/O Fred E. Kassner v. Division of Taxation, Department of the Treasury, State of New Jersey (2015 N.J. Tax Lexis 11 (N.J. Sup. Ct. App. Div. 2015), aff'g, 27 N.J. Tax Ct. 2013))
  • The Net Income Limitation Provision in a NIMCRUT Must Be Ignored, So That for Purposes of Determining the Present Value of the Charitable Remainder Interest, It Is Assumed That the Noncharitable Beneficiary Will Always Receive the Annual Standard Unitrust Payment (Estate of Schaefer v. Commissioner (145 T.C. 4 (T.C. July 2015))
  • IRS Extends the Time to File Basis Statements Required by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 to February 29, 2016 (IRS Notice 2015-57)
October 5, 2015
Steve Leimberg's Estate Planning Newsletter
Limitations Period for Reasonably Ascertainable Creditor's Claims, Literally (Almost Finally) Means Literally
September 2015
  • September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Disregarded Entities Owned by Nonresidents Will Be Disregarded for New York Estate Tax Purposes
  • New York City's New Reporting Requirements for Partnerships and LLCs Acquiring Real Estate
  • District Court Dismisses Policyholders' Lawsuit against Carrier Engaged in "Shadow Insurance" Transactions
  • Consistent Basis Reporting under New Internal Revenue Code Sections 1014(f) and 6035
September 2015
Palm Beach County Bar Association Bulletin
September 1, 2015
Probate & Property
Forging Elkins: How to Copy This Taxpayer Victory
August 31, 2015
New York Law Journal
August 2015
Trusts & Estates
Obergefell: The Final Word (But Not Really on Same-Sex Marriage)
August 2015
  • August Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Florida 5th District Court of Appeals determines Trustee's payment of trust corpus to a pooled trust fund was impermissible. Harrell v. Badger, Case Nos. 5D14-1145, 5D14-3469 (Fla. 5th DCA 2015).
  • Delaware Chancery Court denies a petition to modify a testamentary trust to include directed trustee provisions because the modification would circumvent testamentary intent. In re Trust u/w/o Wallace B. Flint f/b/o Katherine F. Shadek (DE Chancery June 17, 2015).
  • Tax Court rules that private placement insurance policies should be disregarded and that all income and gains earned within the policies are currently taxable to the owner of the policies. Webber v. Comm'r, 144 T.C. 17 (T.C. July 2015).
  • Updated Portability Regulations Applicable to Estates after June 12, 2015. T.D. 9725.
  • IRS To No Longer Automatically Issue Estate Tax Closing Letters
July/August 2015
Palm Beach County Bar Association Bulletin
July 2015
  • Income Tax Considerations of Estate Planning Are More Important Than Ever
  • New York Raises Basic Exclusion Amount to $3,125,000
  • Last Call for Utilizing Valuation Discounts?
July 9, 2015
LISI Estate Planning Newsletter
Top 10 Things You Should Know About the Final Portability Regulations
June 29, 2015
June 26, 2015
Wealth Management.com
U.S. Supreme Court Rules State Law Bans on Same-Sex Marriage Are Unconstitutional
Summer 2015
Trusts and Estates Law Section Newsletter
June 18, 2015
Steve Leimberg's Estate Planning Newsletter
Summaries of Presentations from the 2015 Florida Tax Institute
June 2015
  • June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • The First Circuit affirms Tax Court's determination that taxpayers are liable for gross valuation misstatement penalty because they failed to make a good faith investigation of the value of the claimed deduction. Kaufman v. Commissioner, 2015 WL 1874114 (1st Cir. April 24, 2015).
  • Tax Court rules that taxpayer is entitled to charitable deduction for part gift-part sale transaction. Davis v. Commissioner, T.C. Memo. 2015-88 (May 6, 2015).
  • District Court orders former spouse to contribute a portion of the estate taxes owed by the decedent's estate. Smoot v. Smoot, ___ F. Supp. 3d _____, 2:13-CV-00040 (S.D. Ga. March 31, 2015).
June 2015
Palm Beach County Bar Association Bulletin
May 2015
  • May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Case to Watch – Use of Art Owned by a Controlled Corporation
  • Trust Provision Requiring Disputes to be Settled by an Arbitration Panel Does Not Affect Crummey Rights
  • LLC Interest Owned by a FL Resident is Subject to FL Jurisdiction
  • Various Estate/Gift Tax Revisions Based on the New York 2015-2016 Budget
Spring 2015
ActionLine
May 2015
Estate Planning
April 2015
  • Obama Administration Announces Revenue Proposals
  • Estate Denied Income Tax Charitable Deduction
  • Nevada Trust Held Not an "Asset Protection Trust"
  • Decanting Denied under New York Law
  • LLC Formalities Need to be Followed
April 21, 2015
ERISA Practice Center Blog
April 15, 2015
ERISA Practice Center Blog
April 15, 2015
Trusts and Estates
Florida Homestead Rights Can Be Waived by Warranty Deed
April 13, 2015
ERISA Practice Center Blog
April 2, 2015
April 2015
Palm Beach County Bar Association Bulletin
Spring 2015
Trusts and Estates Law Section Newsletter
April 2015
Estate Planning
March/April 2015
New York State Bar Association's State Bar News
State Trust Code Closer to Being a Reality, say Members of Advisory Group
March 2015
Palm Beach County Bar Association Bulletin
February 2015
February 2015
Palm Beach County Bar Association Bulletin
January 13, 2015
ERISA Practice Center Blog
January 9, 2015
LISI Estate Planning Newsletter
Same-Sex Marriage Comes to Florida; Thanks to Retroactivity, Is It Time to Party Like It’s 1999?
January 5, 2015
Winter 2014
Trusts and Estates Law Section Newsletter
December 3, 2014
Steve Leimberg's Asset Protection Planning Newsletter
Stone v. Stone: For Now, Homestead Rights Can Be Waived by Warranty Deed
December 3, 2014
LISI Asset Protection Newsletter
Stone v. Stone: For Now, Homestead Rights Can Be Waived by Warranty Deed
December 2014
  • 2015 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan
  • Exploit the Gift Tax Annual Exclusion Amount
  • New York's Basic Exclusion Amount from Estate Tax Set to Rise
December 2014
  • December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Federal Exclusion from Gift, Estate and Generation-Skipping Transfer Tax Increases to $5,430,000 in 2015. Rev. Proc. 2014-61 (October 30, 2014).
  • Florida court allowed decedent's written correspondence to amend terms of revocable trust. Kritchman v. Wolk, 39 Fla. L. Weekly D 2082 (Fla. 3d DCA 2014).
  • Residence constituted Florida homestead property even though decedent did not reside on property; surviving spouse took life estate interest in residence subject to terms of marital settlement agreement with decedent's former spouse. Friscia v. Friscia, 39 Fla. L. Weekly D 1810 (Fla. 2d DCA 2014).
  • IRS held that reformation of trust to correct scrivener's errors triggered remainder interests in GRATs to be completed gifts, and trust's assets would not be included in settlor's gross estate. PLR 201442046 (October 17, 2014).
  • Transfer of assets from a living trust created by debtor's mother to a spendthrift trust for debtor's benefit was a fraudulent conveyance. In re Castellano, 514 B.R. 555 (Bankr. N.D. Ill. 2014).
December 2014
Palm Beach County Bar Association Bulletin
November 2014
Palm Beach County Bar Association Bulletin
Fall 2014
Trusts and Estates Law Section Newsletter
November 13, 2014
Bloomberg BNA Tax Management Estates, Gifts, and Trusts Journal
November 2014
  • November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Significant fractional ownership interest discount permitted for artwork partially owned by estate. Estate of Elkins v. Commissioner, 5th Cir., No. 13-60472, 2014 BL 255704, September 15, 2014.
  • Testimony of New York attorney who supervised execution was sufficient to admit a Will to probate where witnesses invoked their Fifth Amendment right and refused to testify. Matter of Buchting, 111 A.D.3d 1114, (NY App. Div. 3d Dep't October 7, 2013).
  • Guidance on reformed New York state estate tax rules issued by New York State Department of Taxation and Finance. NYS Estate Tax Guidance TSB-M-14(6)M.
  • 2014-2015 Internal Revenue Service Priority Guidance Plan
  • "Uniform Fiduciary Access to Digital Assets Act" or "UFADAA" (the "Act") finalized and released by National Conference of Commissioners on Uniform Laws. 
  • Value of assets transferred by part sale/part gift to an annuity trust was included in estate of Settlor under Section 2036 of the Internal Revenue Code ("Section 2036"). Estate of Trombetta, T.C. Memo. 2013-234 (October 21, 2013).
November 11, 2014
Fall 2014
The Florida Bar Real Property, Probate and Trust Law Section’s ActionLine Publication
The Disclosure Dilemma: Navigating the Rules When Confidentiality Hurts the Client
Fall 2014
36 Action Line (A Publication of the Florida Bar Real Property, Probate and Trust Law Section)
Issues to Consider When Counseling Same-Sex Couples
October 2014
Florida Tax Review
September/October 2014
Bloomberg BNA Tax Management Estates, Gifts and Trusts Journal
Portability and Second Marriages - Worth a Second Look
September 2014
  • September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Franklin Z. Adell v. Commissioner, T.C. Memo. 2014-155, 2014 WL 3819046 (Aug. 4, 2014)
  • United States v. Baileys, Case No: 8:13-CV-966-JLS
  • Private Letter Ruling 201427008 (July 3, 2014)
September 2014
Palm Beach County Bar Association Bulletin
August 22, 2014
Summer 2014
Trusts and Estates Law Section Newsletter
August 13, 2014
New York Law Journal
July/August 2014
July 24, 2014
August 2014
  • August Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts
  • Inherited IRAs are not exempt from creditors

  • The IRS publishes final regulations on the deductibility of miscellaneous itemized deductions of trust and estates

  • The IRS announces changes to its offshore voluntary disclosure program

  • New streamlined application procedure for charitable organizations to have their exempt status recognized by the IRS

  • Is a Madoff account taxable for estate tax purposes?

July/August 2014
Palm Beach County Bar Association Bulletin
July 2014
Trust & Estates Magazine
The Bitcoin GRAT
June 25, 2014
May/June 2014
Probate and Property, Volume 28, Number 3
May 8, 2014
LISI Estate Planning Newsletter
New York Tax Changes for Estates and Trusts: The New “Cliff” That Isn’t So New and Other Highlights
May 2014
  • May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • United States v. Shriner (113 AFTR2d 2014-616 (March 12, 2014)) – District Court for the District of Maryland Rules that Administrators of an Estate Were Personally Liable for Decedent's Unpaid Income Taxes, Where Administrators Distributed the Assets of the Estate While Debt was Outstanding
  • Estate of Foster v. Commissioner (2014-1 U.S.T.C. 60,675 (C.A. 9, March 26, 2014) – Ninth Circuit Upheld Tax Court’s Determination that Litigation was not "Ascertainable with Reasonable Certainty" at the Time of Decedent's Death and so "Hazard of Litigation" Valuation Discount Did Not Apply
  • Frank Aragona Trust v. Commissioner (T.C., No. 15392-11, 142 T.C. No. 9 March 27, 2014) – Tax Court Holds that a Trust can Qualify for the "Real Estate Professional Exception" of Section 469(c)(7)
  • Estate of Elwood Olsen v. Commissioner (T.C. Memo. 2014-58 (April 2, 2014)) – Husband's Failure to Properly Fund Trusts After Wife's Death Caused Gross Inclusion of the Entire Balance of Wife's Revocable Trust in his Gross Estate
  • Peck v. Peck (Case no. 2D13-113. Fla. 2d DCA Feb. 26, 2014) – Florida District Court of Appeal Upholds Trial Court's Determination that, Under Common Law, an Irrevocable Trust Can be Terminated with Consent of Settlor and All Beneficiaries, Even if Termination Contradicted Intent of Party Who Funded the Trust
May 2014
Estate Planning
Automatic Allocation of GST Exemption: Tax Traps for Trusts
Spring 2014
The Florida Bar Real Property, Probate and Trust Law Section’s ActionLine Publication
Verifying the Verified Statement: Protecting Alternatives to Guardianship Under Florida Law
April 29, 2014
LISI Estate Planning Newsletter
State Law DOMA: What if Unconstitutionality Becomes a Reality, Part Three
Spring 2014
Trusts & Estates Law Section Newsletter
Spring 2014
The Florida Bar Real Property, Probate and Trust Law Section’s ActionLine Publication
Verifying the Verified Statement: Protecting Alternatives to Guardianship Under Florida Law
April 2014
  • April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans
  • Highlight of Obama's FY 2015 Budget Plan – New Category of Annual Exclusion Gifts
  • Estate Of Richmond – Tax Court Uses A Net Asset Value Method To Determine Decedent's Interest In A Family-Owned Personal Holding Company and Rejects The Estate's Lower Value Which Used The Capitalization-Of-Dividends Method 
  • Gaied v. New York State Tax Appeals – The New York State Court Of Appeals Finds That New York May Only Tax Taxpayers Who Maintain a Residence in New York For Personal Use
  • Estate of Karter Yu – Australian Court Admits to Probate a Will Created On An iPhone
April 2014
  • New York Significantly Changes its Estate Tax - No Decrease in Estate Tax for the Wealthy
April 2014
Palm Beach County Bar Association Bulletin
March 26, 2014
LISI Estate Planning Newsletter
State Law DOMA: What if Unconstitutionality Becomes a Reality, Part Two
March 20, 2014
LISI Estate Planning Newsletter
State Law DOMA: What if Unconstitutionality Becomes a Reality, Part One
March 2014
  • March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Revenue Procedure 2014-18 issued January 27, 2014 – Extension of Time for Portability Elections Where No Form 706 Was Filed
  • New York State Department of Taxation and Finance Advisory Opinion (TSB-A-14(6)S) Concludes that Substitution of Property by the Settlor of an Irrevocable Grantor Trust is Subject to New York Sales Tax
  • Berlinger v. Casselberry (Case no. 2D12-6470. Fla. 2d DCA Nov. 27, 2013) – Florida District Court of Appeal Upholds Order of Continuing Garnishment of Trust Distributions by an Ex-Spouse with a Support Order
  • New York State Budget Proposal Would Change New York State's Estate Tax
March 2014
  • Under Proposed changes to New York's Estate, Gift and Generation-Skipping Transfer Tax Rules, There Are Advantages to Making Gifts Before April 1, 2014
February 24, 2014
January 21, 2014
New York Law Journal
Automatic Allocation of GST Exemption: Traps for the Unwary
January 13, 2014
January 2014
  • January Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Tax Court Refused To Admit Appraisal into Evidence when Taxpayer Failed To Qualify the Appraiser as an Expert Witness
  • Income Tax Is Payable on Proceeds from Surrender of a Life Insurance Policy Used To Repay a Loan against the Policy
  • New York Considers Raising Estate Tax Exemption, Reinstating Gift Tax, Eliminating GST Tax and Closing the Resident Trust Loophole
December 2013
  • 2014 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan
  • One Year Later
  • Reading the IRS Q&A on Net Investment Income Tax with a Focus on Estates and Trusts
December 2013
  • December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Delaware Supreme Court Offers Guidance on When Delaware Law Applies to a Trust Originally Subject to Another State's Law
  • Liability of a Trust Protector at Issue in McLean v. Ponder
  • Nassau Surrogate's Court Issues Opinion on Decanting under New York EPTL 10-6.6
December 6-12, 2013
Palm Beach Society Magazine
Parity Planning Update
Winter 2013
Trusts & Estates Law Section Newsletter
November 2013
  • Federal Exclusion From Gift, Estate and Generation-Skipping Transfer Taxes Increases to $5,340,000 in 2014
  • November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • The Tax Court Holds, in a Summary Judgment Ruling, that the Beneficiaries of Gifts Who are Obligated to Pay Any Potential Estate Tax Liability Arising from the Gifts May Decrease the Value of the Gift by the Actuarial Value of that Obligation
October 2013
  • October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Issues its 2013-2014 Priority Guidance
  • IRS Holds That Right to Receive Dividends on Life Insurance Policy Does Not Cause Estate Inclusion in CCA 201328030
  • Sale of Asset for Self-Cancelling Installment Note Gives Rise to Gift Tax Liability in CCA201330033
  • Prenuptial Agreement Deemed Unenforceable by Nassau County Supreme Court in CS v LS 
  • Massachusetts Supreme Judicial Court Authorizes Trust Decanting in Morse v. Kraft
October 2013
Palm Beach County Bar Association Bulletin
September 2013
  • September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • United States v. Windsor and Rev. Rul. 2013-17 and I.R.S. News Release IR-2013-72
  • United States v. Tyler, --- F.3d --- (3rd Cir. 2013)
  • CLAT Assets Not Includible in Settlor's Gross Estate - PLR201323007
  • Graev v. Comm'r, 140 T.C. 17 (2013)
  • Belk v. Comm'r, T.C. Memo 2013-154 (2013)
September 2013
152 (9) Trusts & Estates 44
Refunds and Assessments (Post-Windsor)
September 3, 2013
LISI Estate Planning Newsletter #2137
Revenue Ruling 2013-17 and IR-2013-72: The Service Responds to Windsor
Fall 2013
Trusts & Estates Law Section Newsletter
July/August 2013
87 Florida Bar Journal No. 7
Morey v. Everbank: Three Drafting Tips to Avoid a Troubling Decision
July 23, 2013
LISI Estate Planning Newsletter #2118
Federal Law for Same-Sex Married Couples After Windsor: Equality for All or Only for Some?
July 2013
  • Estate Planning Opportunities in a World Without DOMA
July 2013
Estate Planning
June 27, 2013
June 26, 2013
June 2013
  • June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Liftin v. U.S., 111 AFTR-2d 2013-1426 (Ct. Fed. Cl.)
  • Knappe v. U.S., 111 AFTR-2d 2013-1531 (9th Cir.)
  • Estate of Koons v. Commissioner, T.C. Memo 2013-94
  • U.S. v. Blake, E.D.N.Y, No. 12-CV-02577
  • Schwab v. Commissioner, 111 AFTR-2d 2013-667 (April 24, 2013)
  • TAM 201317010 (April 26, 2013)
June 2013
Palm Beach County Bar Association Bulletin
Summer 2013
Trusts & Estates Law Section Newsletter
May 2013
  • May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Favorable “DING Trust” Rulings – PLRs 201310002 – 201310006
  • Like Kind Exchange of Life Insurance Policies – PLR 201304003
  • Late GST Exemption Allocation – PLR 201313003
  • Villareale v. Commissioner, T.C. Memo 2013-74
May/June 2013
27 Probate & Property No. 3
Portability and Prenuptials - A Plethora of Preventative, Progressive and Precautionary Provisions
May 2013
Trusts & Estates
DOMA Perils and Pitfalls
Spring 2013
34 Action Line (A Publication of the Florida Bar Real Property, Probate and Trust Law Section)
Fiscal Cliff Retrospective as to Estate Planning - Where We Are for 2013
March 27, 2013
LISI Estate Planning Newsletter #2083
It's Time to Brush Up on Gift Tax Returns - Part II
March 20, 2013
WealthManagement.com
The New Schedule C: Reporting the Deceased Spousal Unused Exclusion Amount on the Gift Tax Return
March 19, 2013
Probate & Property
Drafting Grantor Trust Powers with an Exit Strategy
March 13, 2013
LISI Estate Planning Newsletter
Beneficiary Designations under Non-Qualified Annuities, the Potential Virus to a Malware-Free Estate Plan
March 2013
  • March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trust
  • Estate of Giovacchini v. Commissioner, T.C. Memo 2013-27
  • Estate of Kite v. Commissioner, T.C. Memo. 2013-43
  • PLR 201303003
  • New Form 1041, U.S. Income Tax Return for Estates and Trusts for 2012, and Instructions Released
  • IRS Considering Change in Method Used To Determine AFRs
  • IRS Seeks Comment on Rules for Estate Tax Return Filing Extensions
March 6, 2013
LISI Estate Planning Newsletter #2073
It's Time to Brush Up on Gift Tax Returns - Part I
March 2013
87 Florida Bar Journal No. 3
It’s 2013: Now What?
March 2013
40 Estate Planning Journal
Protect Life Insurance Proceeds From Claims of Creditors
Spring 2013
Trust and Estates Law Section Newsletter
March/April 2013
Bloomberg BNA Tax Management Estates, Gifts and Trusts Journal
Portability and Prenuptials: A Plethora of Preventative, Progressive, and Precautionary Provisions
Spring 2013
ActionLine, a publication of the Florida Bar Real Property, Probate & Trust Law Section
February 2013
  • February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Issues Revenue Procedure 2013-15
  • Private Letter Ruling 201245004
  • Estate of Nancy P. Young v. United States (D. Mass., No. 1:11-cv-11829-RWZ, 12/17/12)
January 16, 2013
American Bar Association – Section of Real Property, Trust & Estate Law
Portability – The Game Changer
January 16, 2013
American Bar Association – Section of Real Property, Trust & Estate Law
Portability – The Regulations
January 2013
  • We Didn't (Quite) Fall off The Cliff, But We Still Have To Clean up the Mess!
December 2012
  • December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Thouron v. United States, E.D. Pa., No. 2:11-cs-04058 (11/08/2012)
  • Towbin v. Towbin, 36 Misc. 3d 1236(A) (N.Y. Sup., August 22, 2012)
  • Rev. Proc. 2012-14 (10/18/2012)
  • Estate of Bates v. Commissioner, T.C. Memo. 2012-314, November 7, 2012
  • Rush University Medical Center v. Sessions, 2012 IL 112906 (09/20/2012)
  • Windsor v. United States, 2d Cir. No. 12-2335-cv(L) (10/18/2012)
  • Internal Revenue Bulletin 2012-46 (11/13/2012)
December 3, 2012
53 (BNA Bloomberg) Tax Management Memorandum 443
Portability and Prenuptials – A Plethora of Preventative, Progressive and Precautionary Provisions
December 2012
Palm Beach County Bar Association Bulletin
November 14, 2012
LISI Estate Planning Newsletter #2028
Same-Sex Estate Planning in 2012, a Case Study Part I: Estate Planning Strategies for Same Sex Couples
November 2012
  • November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Keller v. United States, 5th Cir., No. 10-41311 (09/25/12)
  • Hastings v. PNC Bank NA, Md. No. 109 (09/27/2012)
  • Private Letter Ruling 201236022 (09/11/2012)
  • Garcia v. Andonie, Fla. No. SC11-554 (10/4/2012)
  • Scaggs v. Comm'r, T.C. No. 16342-11, T.C. Memo 2012-258 (09/10/2012)
  • In re: Grand Jury Subpoena, 5th Cir., No. 11-20750 (09/21/2012)
November 2012
Palm Beach County Bar Association Bulletin
Fall/Winter 2012
NYSBA Trusts and Estates Law Section Newsletter
October 23, 2012
Wealth Strategies Journal
Cashing in on 2012 Transfer Tax Exemptions Using Spousal Lifetime Access Trusts
October 22, 2012
LISI Estate Planning Newsletter #2015
Windsor v. United States: Precursor to a Potential Supreme Court DOMA Showdown
Fall 2012
34 Action Line (A Publication of the Florida Bar Real Property, Probate and Trust Law Section) No. 1
Getting Support for the Supporting Organizations: The Basics
October 2012
Palm Beach County Bar Association Bulletin
September 2012
  • Use It or Lose It - Increased Gift and GST Exemption Amounts Expire on 12/31/12
  • Income Tax Deductions for Charitable Donations May Be Denied Without a Qualified Appraisal Mohamed v. Commissioner, T.C. Memo 2012-152
  • Crummey Withdrawal Notices - Recommended Practices
September 2012
Palm Beach County Bar Association Bulletin
August 1, 2012
Grantor Trusts
August 2012
  • August Interest Rates
  • Portability Regs.
  • U.S. v. Johnson, Case No. 2:11-CV-00087, U.S. District Court (May 23, 2012) 
  • New Net Investment Tax Will Afflict Almost All Non-Grantor Trusts 
  • Wimmer v. Commissioner, T.C. Memo 2012-157 (June 4, 2012) 
  • Windsor v. U.S., Case 1:10-cv-08435-BSJ-JCF (June 6, 2012, Southern District of NY) 
  • President’s Budget Proposal Attempts to Curb Use of Intentionally Defective Grantor Trusts 
July 26, 2012
LISI Estate Planning Newsletter #1992
Some Highlights of the Decanting Comments that Could and Should Become IRS Policy
July 2012
Estate Planning Journal
Changing State of Domicile is Easier Said than Done
July 16, 2012
LISI Estate Planning Email Newsletter #1986
DOMA: What If Unconstitutionality Becomes a Reality?
Summer 2012
33 Action Line (A Publication of the Florida Bar Real Property, Probate and Trust Law Section) No. 4 (Summer 2012), p.17
Temporary Portability Regulations Clarify Many Open Issues
July/August 2012
Palm Beach County Bar Association Bulletin
Summer 2012
NYSBA Trusts and Estates Law Section Newsletter
June 2012
  • June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Rankin M. Smith, 109 AFTR 2d 2012-987 (Court of Claims, 2/13/2012)
  • Taproot Administrative Services, Inc. v. Commissioner, 109 AFTR 2d 2012-1446 (U.S. Ct. Appeals, 9th Circuit, 3/21/2012
  • U.S. v. MacIntyre, et. al, 109 AFTR 2d 2012-1553 (USDC S.D. TX, 3/28/2012)
  • Internal Revenue Bulletin T.D. 9582, 4/30/2012
  • Marshall Naify Revocable Trust v. U.S., 2-12-1 U.S.T.C. 60,639 (U.S. Ct. Appeals, 9th Circuit, 2/15/2012)
  • Private Letter Ruling 201216045 (4/23/2012)
  • Estate of Lois L. Lockett v. Commissioner, U.S. Tax Court, CCH Dec. 59,039(M), T.C. Memo. 2012-123, T.C.M. , (Apr. 25, 2012)
June 2012
86 Florida Bar Journal No. 6
Estate Planning for Same-Sex Partners
May 24, 2012
Bloomberg
May 2012
Palm Beach County Bar Association Bulletin
May 2012
  • May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Wandry v. Commissioner, T.C. Memo 2012-88 (3/26/2012)
  • Estate of Kelly v. Commissioner, T.C. Memo 2012-73 (3/19/2012)
  • Estate of Turner v. Commissioner, 138 T.C. 14 (March 29, 2012)
April 25, 2012
American Bar Association Section of Taxation
Comments to Notice 2011-101
April 6-12, 2012
Palm Beach Society Magazine
Parity Planning
April 4, 2012
Options for Tax Reform and Simplification with Respect to Federal Estate, Gift and GST Taxes
April 2012
  • April Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Stone v. Comm'r, T.C. Memo 2012-48 (2/22/2012)
  • Chief Counsel Advice Memorandum 201208026 (9/28/2011)
  • General Explanations of the Administration's Fiscal Year 2013 Revenue Proposals (February 2012)
  • IRS Notice 2012-21 (3/5/2012)
April 2012
Palm Beach County Bar Association Bulletin
March 2012
  • March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • In re Grube (January 19, 2012)
  • Gaughen v. U.S. (M. D. Pennsylvania, January 31, 2012)
  • Private Letter Ruling 201203033 (January 20, 2012)
  • Private Letter Ruling 201151003 (December 23, 2011)
  • Freeman v. U.S. (E. D. Pennsylvania, January 30, 2012)
  • Estate of Fujishima (Tax Court Memorandum, January 9, 2012)
  • Rosenkrantz v. Feit (Fla. Dist. Ct. App., December 14, 2011)
  • 2011-2012 Priority Guidance Plan
March 5, 2012
IRS Notice 2011-101 – Guidance on Decanting to Another Trust
March 2012
Palm Beach County Bar Association
February 22, 2012
Steve Leimberg’s Estate Planning Newsletter
Treasury Greenbook Proposal Would Have Sweeping Implications – Especially for the Life Insurance Industry
February 2012
86 Florida Bar Journal No. 2
Estate Planning: The Clock is Ticking – Use it or Lose it Before 2013
February 2012
  • February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Issues Notice 2011-101
  • IRS Issues Final Form 8938
  • IRS Announces it is Reopening the Offshore Voluntary Disclosure Program
  • Tannen v. Tannen (December 8, 2011)
  • California Board of Equalization To Release Information to IRS
  • New York State Changes Personal Income Tax Rates
  • New York Legislature To Consider New Uniform Trust Code
February 1, 2012
Trusts & Estates
February 2012
Palm Beach County Bar Association Bulletin
Winter 2012
33 Action Line (A Publication of the Florida Bar Real Property, Probate and Trust Law Section) No. 2
Trying to Put the Cat Back into the Bag – IRS Seeks Decanting Guidance
January 10, 2012
January 2012
  • IRS issues Revenue Ruling 2011-28
  • January Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Issues Proposed Treasury Regulations 20.2032-1
  • Pruco Life Ins. Co. v. Brasner (S. D. Florida, November 14, 2011)
  • Estate of Liftin (November 8, 2011)
  • Private Letter Ruling 201144040 (November 4, 2011)
January 2012
Palm Beach County Bar Association Bulletin
December 2011
  • Year-end Planning Strategies
  • Last Call for Lifetime Gifts to Charities from Individual Retirement Accounts?
  • $5 Million Gift Tax Exemption Still Alive and Kicking
  • Recharacterizing Roth IRA Conversions
December 2011
  • December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Revenue Procedure 2011-48 (October 14, 2011)
  • Publication 4895 (October 14, 2011)
  • Final Form 706 Is Released for 2011 Decedents
  • New Estate/Gift/GST Tax Exemption Amounts for 2012
  • Discount for Family Limited Partnership Fails
  • Estate Loan Interest Held Deductible
  • Decedent's Partnership Interest in a Partnership Holding New York Real Property Is Not Subject to New York Estate Tax
  • Private Letter Ruling 201143002 (October 28, 2011)
December 2011
Palm Beach County Bar Association Bulletin
Winter 2011
NYSBA Trust & Estates Newsletter
November 2011
  • $5 Million Gift Tax Exemption Still Alive and Kicking
November 2011
  • November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Estate of Turner v. Comm'r, T.C. Memo 2011-209 (Aug. 30, 2011) 
  • McGowen v. Comm'r, 2011 U.S. App. LEXIS 18407 (10th Cir., Sept. 2, 2011)
  • PLR 201131006 (Apr. 13, 2011)
  • In the Matter of Ranftle, 2008-4585, NYLJ 1202515287643, at *1 (N.Y. Surr. Ct., N.Y. County, Sept. 14, 2011)
  • Estate of Beybom, 2011-839/E, NYLJ 1202516821017, at *1 (N.Y. Surr. Ct., Suffolk County, Aug. 26, 2011)
  • Proposed Treas. Reg. § 1.67-4
  • IRS Notice 2011-82
  • IRS Form 8939 and Instructions Released
November 9, 2011
October 2011
Estate Planning Journal
New Life for the Qualified Personal Residence Trust
October 4, 2011
LISI Employee Benefits & Retirement Planning Newsletter #583
Disclaimers and IRA's, In Certain Circumstances, Beneficiaries Can Have Their Cake and Eat It Too
October 2011
NYSBA Trusts & Estates Newsletter
October 2011
Palm Beach County Bar Association
September 2011
  • IRS issues Notice 2011-76 Modifying Filing Due Date for Form 8939 and Automatic Extension Rule for Form 706 for Decedents Dying in 2010
  • September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • New York Tax Appeals Tribunal Reverses Itself in Holding That Property Rights to a New York Residence, Not Regular Use as a Dwelling, Is Determinative in New York Income Tax Residency – In the Matter of the Petition of John Gaied, Decision DTA No, 821727, Tax Appeals Tribunal, New York
  • Hirchert Family Trust v. Johnee Ann Alle Hirchert (District Court of Appeal of Florida, Fifth District, June 17, 2011)
  • Tax Court Holds That Trustee/Beneficiary's Power to Invade Trust Principal for Her "Welfare" Is Limited by an Ascertainable Standard and Trust Principal Not Includible in Her Estate under IRC §2041(b)(1)(A) – Estate of Ann R. Chancellor, et al. v. Commissioner (TC Memo 2001-172 July 14, 2011)
  • New York Expands EPTL §10-6.6 To Further Liberalize Trust "Decanting"
  • Former Trustee of Private Foundation Found Not To Be a "Disqualified Person" for the Purpose of Subsequent Sale to Foundation – Private Letter Ruling 201130008 (July 29, 2011)
  • Differing Results Regarding IRA Rollover Extensions – Private Letter Ruling 201130013 (July 29, 2011) and Private Letter Ruling 201130014 (July 29, 2011)
  • New York Clarifies Same-Sex Marriage Effect on Tax Filings
September 2011
  • Use It or Lose It - Increased Gift and GST Exemption Amounts Expire on 12/31/12
  • Take Advantage of Low Interest Rates and Valuation Discounts
  • Creating a “GRAT”: Heads You Win, Tails You Break Even
  • Intra-family Loans: A Simple Yet Effective Estate Planning Tool
September 1, 2011
Estate Planners Alert
Practice Alert: Electing Out of the Application of the Estate Tax and Allocating Basis Step-Up for 2010 Decedents
September 2011
Palm Beach County Bar Association Bulletin
August 2011
  • Electing Out Of the Application of the Estate Tax and Allocating Basis Step-Up for 2010 Decedents
August 2011
  • August Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts Continue Decline
  • Tax Court upholds use of “defined value clause” on transfer of closely held stock to family trusts and charitable foundation – Hendrix v. Commissioner, T.C. Memo 2011-133 (June 15, 2011)
  • Tax Court applies 25 percent lack of marketability discount to valuation of interest in limited partnership holding timber property, but finds that lack of control discount is already implicit in valuation methodology applied to property – Estate of Giustina v. Commissioner, T.C. Memo 2011-141 (June 22, 2011)
  • Tax Court finds that life insurance proceeds were estate tax includible on account of decedent’s retained incidents of ownership, that annuities were estate tax includible, and that estate was liable for failure to file timely penalty – Estate of Coaxum v. Commissioner, T.C. Memo 2011-135 (June 16, 2011)
  • Tax Court finds taxpayers who employed Roth IRA conversion tax shelter were liable for excise tax and penalties – Paschall v. Commissioner, 137 T.C. No. 2 (July 5, 2011); Swanson v. Commissioner, T.C. Memo 2011-156 (July 5, 2011)
  • SEC finalizes definition of “family office” for purposes of registration exemption – SEC Rule 202(a)(11)(G)-1 (June 22, 2011)
  • Nevada passes restrictive “charging order” legislation to increase asset protection afforded by business entities – Nevada SB 405 (June 16, 2011)
August 2011
Trusts & Estates
Giving Crummey Notices: Best Practices
July 2011
  • July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Malpractice claim against an estate was too uncertain to be deductible as of date of death and thus, the deduction would be based only on the amount actually paid by the estate – Estate of Gertrude H. Saunders, et al. v. Comm'r, 136 T.C. No. 18 (4/28/2011)
  • Estate not entitled to discount the value of three marital trusts for claims by ESOP members against the marital trusts' assets – Estate of Foster v. Comm'r, T.C. Memo 2011-95 (4/28/2011)
  • Sale of assets for fair market value between a marital trust and a nonmarital trust to settle a dispute between beneficiaries and trustees of the trusts was neither a taxable gift nor a transfer of an income interest in a QTIP – Priv. Ltr. Rul. 201119003 (May 15, 2011)
  • IRS issues an inconsistent ruling on whether a grantor trust can hold an IRA - Priv. Ltr. Rul. 201117042 (April 29, 2011)
  • Nevada Governor signed into law S.B. 221 with an effective date of October 1, 2011, which makes Nevada's asset protection trust laws even stronger – S.B. 221, 76th Sess., Reg. Sess. (Nev. 2011)
  • Florida Governor signed into law H.B. 253, which amended Florida Statute § 608.433 to explicitly provide that a charging order is the "sole and exclusive remedy" against LLC membership interests – H.B. 253, 2011 Leg., (Fla. 2011)
  • Florida Third District Court of Appeals withdrew its opinion in Habeeb v. Linder that a husband and wife can waive homestead rights merely by signing a joint warranty deed - Habeeb v. Linder, 3D10-1532 (Fla. 3d DCA 2011)
  • Florida Governor signed into law H.B. 469, which amends Florida Statutes § 222.21(c) to provide that inherited IRAs are protected from claims of creditors of a debtor beneficiary – H.B. 469, 2011 Leg. (Fla. 2011)
  • Florida Governor signed into law C.S./H.B. 325, which establishes that there is no fiduciary exception to the attorney-client privilege – C.S./H.B. 325, 2011 Leg. (Fla. 2011)
July/August 2011
Palm Beach County Bar Association Bulletin
June 2011
  • June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Trustees of self-directed IRAs are not liable for IRA losses from Madoff investments – Mandelbaum v. Fiserv, Inc., 107 AFTR 2d 2011-1651 (Dist. Ct. of CO, 3/29/2011
  • Tax Court excludes taxpayer's appraisal report and upholds the IRS's position in the valuation of a conservation easement – Boltar, LLC v. Comm'r., 136 T.C. No. 14 (4/5/2011)
  • Valuation victory for taxpayer – IRS loses most of its proposed estate and gift tax deficiencies – Estate of Mitchell v. Comm'r., T.C. Memo 2011-94 (4/28/2011)
  • 9th Circuit upholds finding that transfers to FLPs are includible in estate – Estate of Jorgensen v. Comm'r., No. 09-7325 (9th Circuit 5/4/2011)
  • Proposed regulations would treat the grantor of a grantor trust and the owner of disregarded entity as the taxpayer for some discharge of indebtedness purposes – Proposed Reg. § 1.108-9, 76 FR 20593-01 (4/13/2011)
  • District Court denies summary judgment and finds that a trial is necessary to determine whether the estate should be subject to a negligence penalty for its failure to disclose that the decedent made gifts during his life – Estate of Haggar v. Comm'r, 107 AFTR 2d 2011-974 (DC SD 2/23/2011)
  • IRS provides interim guidance on unbundling investment advisory fees for purposes of the 2% floor on miscellaneous itemized deductions – IRS Notice 2011-37, 2011-20 IRS (4/13/2011).
May 2011
  • May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS postpones due date for Form 8939; further guidance announcing new filing date to be issued soon – IR-2011-33 (March 31, 2011)
  • Neither the attorney-client privilege nor the work-product doctrine protects the entire work file of an appraiser who was hired by an attorney – U.S. v. Richey, 632 F.3d 559 (9th Cir. January 21, 2011)
  • Estate not entitled fractional interest discounts on value of ranch – Estate of Adler v. Comm’r, T.C. Memo 2011-28 (January 31, 2011)
  • Ninth Circuit reverses District Court on deductibility of palimony claim – Estate of Shapiro v. Comm’r, 107 AFTR 2d 2011-942 (9th Cir. February 22, 2011)
  • Estate entitled to deduct amount paid to charitable trust in settlement of dispute over decedent’s Will – Estate of Palumbo v. U.S., 107 AFTR 2d 2011-1274 (W.D. Pa. March 9, 2011)
  • Continued use of residence after termination of QPRT did not result in estate taxation – Estate of Riese v. Comm’r, T.C. Memo 2011-60 (March 15, 2011)
March 2011
  • The 2010 Tax Act – What it Means for Your Current Will/Revocable Trust
  • Tax Return Filings and Other Reminders
  • IRS Issues Informal Guidance On Basis Form Used When Opting Out Of The Federal Estate Tax in 2010
  • Florida appeals court holds that husband and wife can waive homestead rights merely by signing a joint deed – Habeeb v. Habeeb, 36 Fla. L. Weekly D300c (3rd DCA 2011)
February 2011
The Florida Bar Journal Volume 85, No. 2
Roth IRA Conversions as an Asset Protection Strategy: Does it Always Work?
January 12, 2011
Wealth Strategies (Online) Journal
December 19, 2010
LISI Estate Planning Newsletter # 1736
Yes - It's Déjà vu All Over Again – New Year's Eve Generation-Skipping Planning – Is It Time To Once Again Bring Out the "Gallo" Wine?
December 2010
  • Estate, Gift and Generation Skipping Transfer Tax Bill Passes Both Houses of Congress
  • Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010
December 2010
  • Estate, Gift and Generation Skipping Transfer Tax Bill Passes Both Houses of Congress
  • Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010
December 13, 2010
December 2010
December 2010
  • December Interest Rates Down for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Value of New York Real Property Not Entitled to Discount Based on Will’s Creation of Life Estate in Property
  • Homestead Exemption Allowed for Separated (But Not Divorced) Taxpayer
  • Disclaimer Not Qualified Where Disclaimed Property Passed to Disclaimant by Intestacy
  • No Charitable Contribution Deduction for Donation of House to Local Fire Department Where Value of Demolition Services Exceeded Value of Property
  • Trust Cannot Claim Charitable Deduction for Fair Market Value of Appreciated Property Donated to Charity, Despite Fact that Property Was Purchased with Trust Gross Income
  • Insurance Policy in Pension Plan Will Be Treated as Ordinary Life Insurance Contract And Death Benefits Considered Incidental if Less than 50% of the Participant’s Total Contributions to the Plan are Applied to Pay Premiums on the Life Insurance Contract
December 2010
  • Family Limited Partnerships and LLCs
  • Gift Tax Cases and Guidance
  • Estate and GST Tax Cases
  • Cases Involving Formula and Defined Value Clauses  
  • Life Insurance Cases
  • Disclaimer Cases  
  • Probate Litigation
  • IRA Rulings
  • Cases Involving Charitable Deductions
  • Foreign Accounts
  • Trust Issues
  • NYS Department of Tax Rulings and other New York Issues
  • California Income Tax Issues
  • Florida Issues
November 2010
  • November Interest Rates Remain the Same for GRATs but Decline for Sales to Defective Grantor Trusts, and Intra-Family Loans
  • Changes in Florida Homestead Laws
  • Estate of Stewart v. Commissioner, 2d Cir., No. 07-5370-ag (8/9/10) – Court finds Tax Court erred when it apportioned entire value of a Manhattan brownstone to a Decedent’s estate when Decedent transferred 49% of the property to her son a few years before her death
  • United States v. MacIntyre, S.D. Tex., No. 10-2812, (complaint filed 8/6/10) – U.S. government sues estate and donees of J. Howard Marshall II for unpaid gift taxes
  • Breakiron v. Guidonis, 2010 WL 3191794 (D. Mass. 8/10/2010) – Court rescinds nonqualified disclaimer and denies gift tax liability
  • Estate of Stick v. Commissioner, T.C., No. 16383-08, T.C. Memo. 2010-192 (9/1/10) – Loan interest paid by Trust held nondeductible in decedent’s estate because it was unnecessary
  • Estate of La Caer v. Commissioner, 135 T.C. No. 14 (9/7/2010) – Court limits amount that surviving spouse was entitled to claim for tax on prior transfers under §2013
October 2010
  • Now is the Time to Take Advantage of Changes to the Federal Gift and Generation-Skipping Transfer Taxes in 2010
  • Using Charitable Giving Techniques to Offset Income Tax from Roth IRA Conversions
October 5, 2010
Steve Leimberg’s Charitable Planning Newsletter
Biting Back: Responding to the Attack on Shark-Fin CLATs
October 2010
2010 Dow Jones Private Equity Analyst-Glocap Compensation Study
September 20, 2010
New York Law Journal
September 2010
  • September Interest Rates Down for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Retroactive Amendments to New York Power of Attorney Law
  • New York and Florida Joins Sixteen Other States in Enacting Formula Clause Fixes
  • Florida Enacts New Florida Statutes Section 736.0902, Nonapplication of Prudent Investor Rule, that Limits Duties and Liabilities of Trustees with Respect to Life Insurance
  • New Jersey Federal District Court Finds that the IRS Abused its Discretion in Disallowing Extension of Time to File Estate Tax Return
  • New York Court of Appeals Finds that Legal Fees Incurred by Fiduciaries in the Defense of Actions Related to an Estate or Trust are to be Equitably Allocated Among Beneficiaries
September 2, 2010
Steve Leimberg’s Employment Benefits and Retirement Planning Newsletter
Using Charitable Giving Techniques to Offset Tax from Roth IRA Conversions
August 2010
  • August Interest Rates Down for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Privity No Longer an Absolute Defense in New York
  • Florida Supreme Court Limits Charging Order Protection of Florida LLCs
  • Mid-Year Replacement of Trustees May Render a New York Resident Trust Immediately Non-Taxable by New York State
  • IRS Requires California Domestic Partners to Split Community Income Between Themselves on Their Individual Federal Income Tax Returns
  • New Florida Statute Affirms that Inter Vivos QTIPS are Not Self-Settled Trusts
  • Florida Legislature Grants Courts the Broad Power to Construe Wills and Trusts in the Absence of a Federal Estate Tax
July 13, 2010
July 2010
22 Probate Practice Reporter No. 7
Changes to the Estate After Filing the 706: Supplemental Return?
July 2010
  • July Interest Rates Down for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • No Estate Tax Apportionment against Payable-on- Death Accounts
  • Spendthrift Provision of Trust Not Invalidated Despite Control by Beneficiary
  • Decedent Had No Ownership Interest in Companies Despite His Involvement in the Business
  • Step Transaction Doctrine Applies to Aggregate Gifts and Sales to Trusts
June 18, 2010

*Special Edition*

  • Privity No Longer an Absolute Defense in New York
June 2010
  • June Interest Rates Decrease Slightly for GRATs, Split Interest Charitable Trusts, Sales to Defective Grantor Trusts and Intra-Family Loans
  • Adams v. Comm’r, T.C. Memo 2010-72 (April 13, 2010)
  • PLR 201011036 (Dec. 14, 2009)
  • Ludwick v. Comm’r, T.C. Memo. 2010-104 (May 10, 2010)
  • Petition No. M090929A, NYS Dep’t of Taxation & Finance Advisory Opinion, TSB-A-10(1)(M)
  • Estate of Schneider v. Finmann, 2009 NY Slip Op 2319 (App. Div. Mar. 24, 2009) (appeal pending before Court of Appeals)
May 2010
  • May Interest Rates Increase Slightly for GRATs, Split Interest Charitable Trusts, Sales to Defective Grantor Trusts and Intra-Family Loans
  • Federal District Court Finds Transfer of Interests in LLC to Children Does Not Qualify for the Annual Gift Tax Exclusion – Fisher v. Commissioner, No. 1:08-CV-00908 (March 11, 2010)
  • 8th Circuit Finds Limited Partnership’s Transfer Restrictions Disregarded when Valuing Stock for Gift Tax Purposes – Holman v. Commissioner, 2010 WL 1331270 (April 7, 2010)
  • 6th Circuit Finds Regulation Reasonable on Generation-Skipping Transfer Tax – Estate of Timken, 2010 WL 1253627 (April 2, 2010)
  • The Tax Court Disallows Charitable Deductions and Imposes Accuracy-Related Penalties for Failure To Substantiate Equipment Donations
  • IRS Extends Interim Relief to Trusts and Estates on Investment Advisory Costs - Notice 2010-32 
April 2010
  • April Interest Rates Remain Steady for GRATs and Split Interest Charitable Trusts and Increase Slightly for Sales to Defective Grantor Trusts and Intra-Family Loans
  • Tax Court Finds that Value of Life Insurance Policy Sold from Profit-Sharing Plan to the Insured is Determined by Reference to the Policy's "Entire Cash Value," which Allows no Reduction for Surrender Charges, thereby Resulting in Taxable Income from Bargain Sale – Matthies v. Commissioner, 134 T.C. No. 6 (February 22, 2010)
  • Tax Court Finds that Termination of Variable Life Insurance Policy against which Taxpayer had Borrowed Did Not Result in Cancellation of Indebtedness Income, but rather in Taxable Distribution of the Policy's Cash Surrender Value – McGowen v. Commissioner, T.C. Memo 2009-285 (December 14, 2009)
  • Federal District Court Finds Promoter of "Aegis" System of "Trusts" Guilty of Conspiracy to Defraud and Aiding the Filing of a False Tax Return – United States v. Wasson, C. Dist. Ill., No. 2:06-CR-20055 (December 4, 2009)
  • Federal Court of Claims Holds that Primary Executor of Estate Was Not Entitled to Reissuance of $10 Million Refund when Check Was Previously Issued to and Negotiated by an Ancillary Executor – Curtin v. United States, Fed. Cl. No. 09-109 T (February 26, 2010)
  • IRS Announces Two-Year Renewal of Art Advisory Panel (February 23, 2010)
  • IRS Announces Notice and Proposed Regulations Regarding Form TD F 90.22-1 Report of Foreign Bank and Financial Accounts (the FBAR) – Notice 2010-23; Proposed Regulation 31 CFR Part 103 (February 26, 2010)
March 26, 2010
March 2010
  • March Interest Rates Decrease Slightly for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Alerts Taxpayers that it Intends to Issue Guidance under Section 2511(c) – IRS Notice 2010-19 (February 16, 2010)
  • Tax Court Finds Transfer of an Interest in a Limited Partnership and Timberland to an FLP Was Not Includible in the Decedent’s Gross Estate Under Section 2036(a)
  • Haiti Earthquake Relief Donations Made Before March 1, 2010 May Be Deducted on 2009 Returns. IR News Release 2010-12 (January 25, 2010)
  • The Ninth Circuit Holds That an IRA’s Named Beneficiaries, Rather Than the Decedent’s Wife, Were Entitled to the IRA Funds After His Death
  • Surviving Spouse is not Treated as the Payee of the Decedent’s IRA
  • Estate is Not Entitled to an Estate Tax Charitable Deduction for the Amount Received by a Charitable Trust
February 2010
  • February Interest Rates Rise Slightly for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Tax Court Finds Transfers of FLP Interests Do Not Qualify for the Gift Tax Annual Exclusion Because Gifts Were Not of Present Interests – Price v. Commissioner, TC Memo 2010-2
  • Tax Court Holds that Gift Tax Paid with Respect to Decedent’s Deemed Gifts of Remainder Interests in QTIP Property Are Includible in her Gross Estate under Section 2035(b) - Estate of Morgens v. Commissioner, 133 T.C. 17 (2009)
  • Tax Court Holds Loan from FLP to Surviving Spouse’s Estate Not “Necessarily Incurred” and Interest thereon Not a Deductible Administration Expense; Transfer to FLP Escapes Estate Inclusion under Consideration Exception – Estate of Black v. Commissioner, 113 T.C. 15 (2009)
  • Disclaimer Allowed for Pre-1977 Trust Interest within Nine Months of Disclaiming Beneficiary Reaching Majority as “within a Reasonable Time” under Law Applicable Prior to Section 2518 - PLR 200953010 (Dec. 31, 2009)
  • Tax Court Holds Deficiency Notice Invalid where IRS Sends Notice to Address on Estate Tax Return, despite Having Notice of Executor’s New Address – Estate of Rule v. Commissioner, TC Memo 2009-309
January 28, 2010
January 22, 2010
Forbes
Death Tax Watch: Hedging Your Estate Planning Bets in 2010
January 21, 2010
  • January Interest Rates Fall for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Eighth Circuit Upholds Formula Disclaimer Over Public Policy Objections - Estate of Christiansen v. Commissioner, 104 AFTR 2d 2009-7352 (8th Cir. 2009)
  • Tax Court Upholds Defined Value Gift in Which LLC Interests Given to the Donor’s Children and Charities. - Estate of Petter v. Commissioner, TC Memo 2009-280
  • Life Insurance Proceeds Received by Limited Partnership Not Included in Gross Estate of Insured Limited Partner - PLR 200947006 (Nov. 20, 2009) & PLR 200948001 (Nov. 27, 2009)
  • California Appeals Court Holds That Fees Incurred Defending Trust Beneficiaries’ Bad Faith Claim Were Properly Charged Against Those Beneficiaries’ Shares of the Trust. - Rudnick v. Rudnick, 2009 SOS 6928 (Cal. App. 5th Dist.)
January 11, 2010
January 2010
  • Estate and GST Taxes Repealed for 2010; and Gift Tax Rate Will Drop
  • Law Applicable Before 2010
  • Law Applicable During 2010
  • Law Applicable After 2010
  • WILL CONGRESS ACT RETROACTIVELY?
  • PLANNING SUGGESTIONS FOR THE EXPECTED “INTERIM” PERIOD BETWEEN 2010 AND EXPECTED CONGRESSIONAL ACTION
December 2009
  • The $3.5 million Question – What is the Future of the Federal Estate, GST and Gift Taxes?
  • Is Your Life Insurance Policy Healthy?
  • Year-End Planning Strategies
December 2009
  • PLR 200944002 (October 30, 2009) – Self-settled Spendthrift Trust Assets Not Includible in Grantor’s Estate under IRC §2036
  • December Interest Rates Rise for Sales to Defective Grantor Trusts and Intra-family Loans 
  • T.D. 9468 and related IRS Notice 2009-84 – Final Regulations on Deductions under IRS § 2053
  • Prudential Insurance Co. of America v. Giacobbe
  • In re Estate of Max Feinberg
  • Estate of Murphy v. United States
  • 2004 Stuart Moldaw Trust v. XE L.I.F.E., LLC
  • IRS Notice 2009-75 – Roth IRA conversions from non-IRA accounts will be taxed at ordinary Income Tax Rates
  • IRS Internal Memo re Procedures for Implementing the Penalty for the Substantial and Gross Valuation Misstatements Attributable to Incorrect Appraisals under IRC § 6695A (August 18, 2009)
November 2009
  • November Interest Rates for GRATs, QPRTs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Friendly Family Limited Partnership Case – Malkin v. Commissioner, T.C. Memo 2009-212
  • Delaware Court of Chancery Decision Has Implications for Trustee Accounting Actions – Merrill Lynch Trust Company, FSB v. Mary F.C. Campbell, et al., C.A. 1803-VCN, V.C. Noble (Delaware Court of Chancery, September 2, 2009)
  • IRS Issues Proposed Rules Affecting Type III Supporting Organizations – IRS Proposed Regulations (REG-155929-06)
  • Take Care in Drafting Estate Tax Apportionment Clauses – Boulis v. Blackburn, 34 Fla. L. Weekly D1567b (Fla. 4th DCA August 5, 2009)
  • IRS Issues Guidance on 2009 Required Minimum Distribution Waiver – Notice 2009-82
  • 2009 Connecticut Estate and Gift Tax Legislation
October 2009
  • October Interest Rates Down Slightly for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Tax Court Checks Commissioner's Take on Check-the-Box Regulations
  • Texas District Court Permits $40M Estate Tax Refund for "Partnership Assets" that Decedent Intended To, But Did Not Actually, Transfer Prior to Death
  • Despite Fears and Debates, New York Statutory Short Form Power of Attorney Effective Date Arrives
  • Father who Was Jailed for Non-Payment of Child Support Has No Interest in Fully Discretionary Trust for his Benefit that Creditor-Mother Can Reach
  • Florida Bankruptcy Court Finds that Rebuttable Presumption of Exemption of IRAs from Bankruptcy Estate Is Defeated by Disqualified Person Engaging in Prohibited Transaction
  • Offshore Voluntary Compliance Deadline Arrives
  • Connecticut Attorney General Seeks Disclosure of UBS Account Holder Names
  • Connecticut Tax and Budget Bill Effective as of September 6, 2009 without Governor's Signature
  • IRS Form 708 To Be Issued To Report Gifts Made by Expatriates
  • IRS Provides its Examiners with Procedures for Assessing Preparer Penalty in Estate and Gift Tax Cases
September 2009
  • September Interest Rates Stay Steady for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Valuation Discounts for Gifts of Limited Liability Company Interests to Children's Trusts Denied Because Transfers of Mutual Funds to Limited Liability Company Were Indirect Gifts to Children's Trusts
  • Valuation Discounts for Gifts of Limited Liability Company Interests to Children's Trusts Denied Because Transfers of Property to Limited Liability Company Were Indirect Gifts to Children's Trusts
  • Annual Exclusion Gifts Made by Son Pursuant to a Power of Attorney Were Includible in Decedent's Gross Estate
  • Executor's Personal Liability for Estate Taxes Not Dischargeable in Bankruptcy
  • Delaware Reinstates Estate Tax
  • New Power of Attorney Statute for New York Effective September 1, 2009
September 2009
36 Estate Planning Journal No. 9
Filing a Supplemental Estate Tax Return After Probate Litigation
August 2009
  • August Interest Rates Stay Steady for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Connecticut Governor Signs Act Reforming Probate Court System but Rejects Estate Tax Increases
  • No Privity Between New York Widow and Attorneys Who Drafted Husband's Will
  • Separate Judgments Are Not a Joint Debt Under Florida Tenancy By the Entirety Law
  • Indiana Court Examines the Duty of Care Required of Trustees of Irrevocable Life Insurance Trusts
  • Abusive Conversion of Nongrantor Trust to Grantor Trust Is Nonetheless Not a Taxable Transfer
  • New York County Surrogate's Court Considers Fiduciary Ineligibility Due to Inability to Read and Write English
July 2009
  • July Interest Rates Rise for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Ninth Circuit Affirms Disclaimer Not a Transfer of Property — In Re John M. Costas and Rachelle M. Costas, debtors, Chapter & Bankruptcy Trustee v. The Edward Ditloff Revocable Trust and Rachelle M. Costas, 555 F.3d 790 (February 6, 2009)
  • Gift and GST Tax Consequences to Modification of Trust — PLR 2009127004 (December 16, 2008)
  • Recognition of Gain on Use of Appreciated Securities for Annuity Payments from CLAT — PLR 200920031 (January 26, 2009)
  • Government Denied Summary Judgment in Estate Tax Valuation Case — Alan Baer Revocable Trust dated February 9, 1996 V. United States, D. Neb., No. 8:06-cv-00774, (May 18, 2009)
  • IRS Releases Memorandum to Small Business/Self Employed Division Regarding Tax Preparer Penalties — SBSE-04-0509-009
  • Tax Court Rules on Estate’s Deductions and Discounts — Estate of Miller v. Commissioner, T.C. Memo 2009-119 (May 27, 2009)
June 2009
  • June Interest Rates Rise for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Announces New Mortality Tables Under Section 7520
  • IRS Issues Two Revenue Rulings on the Taxation of Life Settlements
  • California and New York Tax Law Changes
  • New York Recognizes Same Sex Spouse Inheritance Rights
  • Holographic Will Denied Probate Due to Statutory Time Limit
  • Will’s Estate Tax Provision Not Applicable to Witness Beneficiary
June 2009
  • Creating A "Grat": The Window of Opportunity May Be Closing
  • Benefits of a Roth IRA Conversion in 2010
  • Double-Checking the Credit Equivalent Bequest in Your Will
  • Are You a Resident of New York State for Income Tax Purposes?
May 2009
  • May Interest Rates Fall for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • IRS Wins Another Family Limited Partnership ("FLP") Case
  • Five-percent Discount for Interest in Art collection Found Proper
  • IRS Announces New Voluntary Disclosure Program for Unreported Foreign Accounts
  • Florida Appellate Court Reviews Proper Will Execution Formalities
  • Supreme Court Finds Former Spouse is Beneficiary of Retirement Plan
  • Treasury Issues Tax Guidance on Madoff Losses
March 2009
March 2009
  • March Interest Rates Rise for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
  • Dramatic Changes Made to New York's Power of Attorney Legislation And Form 
  • IRS Urged to Issue Pre-April 15 Guidance for Madoff Victims 
  • Estate Victorious to the Extent of Over 85% of Claimed Discounts - Litchfield v.Comm'r, T.C. Memo 2009-21 (Jan. 29, 2009) 
  • Sixth Circuit Permits Use of IRS's Annuity Tables to Determine Estate Tax Value of Lottery Payments - Negron v. U.S., 103 AFTR 2d 2009-408, Ct. App., 6th Cir. (Jan. 28, 2009) 
  • Trustee who failed to Make the Section 663(b) 65 Day Rule Election Granted an Extension of Time Under § 301.9100-3 - PLR 200904020 (Sept. 29, 2008) 
  • Use of Alternate Valuation for the New York State Estate Tax Return When a Federal Estate Tax Return is Not Required to be Filed - NYT-G-09(1)M (Jan. 14, 2009) 
  • Guidance Relaxes Investment Restriction Under Qualified Tuition Accounts for 2009 - IRS Notice 2009-1, 2009-2 IRB 250 (Dec. 23, 2008) 
  • Man Entitled to Inherit Estate of His Same-Sex Partner - Estate of H. Kenneth Ranftle, 4585-2008 (Surr. Ct. New York County, Jan.26,2009)
February 2009
February 2009
  • H.R. 436: Certain Estate Tax Relief Act of 2009 (Introduced in House) (Jan. 9, 2009)
  • February Interest Rates at All-Time Historic Low for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts 
  • Final Version of New Form 990 (Return of Organization Exempt from Income Tax) and Related Instructions Released (Dec. 23, 2008) 
  • Final Regulations Issued on Tax Return Preparer Penalties under Sections 6694 and 6695, T.D. 9436; and Additional Guidance Related to Preparer Penalties Issued, Notice 2009-5 (Dec. 15, 2008) 
  • FLP Assets Transferred in Exchange for Annuity Includible in Estate - Estate of Hurford v. Comm'r, T.C. Memo 2008-278 (Dec. 11, 2008) 
  • Exception to Special Use Valuation Rule Applied to Joint Venture Interest - PLR 200852029 (Dec. 26, 2008) 
  • Nonqualified Disclaimers Reduce GST Taxes - PLR 200901013 (Jan. 2, 2009)
January 2009
  • January AFR at All Time Historic Low for GRATs, QPRTs and Split Interest Charitable Trusts
  • Exit Strategies for "Underwater" GRATs 
  • Extension of Interim Guidance on Bundled Fiduciary Fees - Notice 2008-116, 2008-52 I.R.B. ________ (Dec. 29, 2008) 
  • Regulations Made Final for Reporting Certain Employer-Owned Life Insurance Contracts. - Treas. Reg. §1.6039I-1, T.D. 9431; 73 F.R. 65981-65982 (Nov. 6, 2008) 
  • Estate Entitled to Refund Due to Informal Claim Doctrine - L.S. Wilshire Estate, DC Ohio, 2008-2 USTC ¶60,569 
  • Substitution Power Did Not Cause Trust to Fail to Qualify as GRAT - PLR 200846001 (Nov. 14, 2008)  
  • Broad Discretionary Distribution Standard in Spendthrift Clause Did Not Constitute General Power of Appointment - TAM 200847015 (Nov. 21, 2008)
December 23, 2008
December 2008
  • January 2009 Update — Many Exemptions Increased With Respect to Federal Estate, Gift and GST Taxes
  • Year End Planning Strategies
  • $700 Billion Financial Bailout Bill Permits Lifetime Charitable Gifts From Individual Retirement Accounts
  • No Contest Clauses and Recent California Changes Affecting Them
December 2008
Florida Bar Journal
Estate Planning During Turbulent Times
December 2008
  • December AFR Down for GRATs, QPRTs and Split Interest Charitable Trusts
  • IRS Notice 2008-99 
  • Statute of Limitations with Respect to Resigning Trustee's Duty to Account - Tydings V. Greenfield, Stein & Senior, LLP, 2008 NY Slip Op 07763 (N.Y. 10/16/2008) 
  • Challenge to Property Tax Cap, 'Portability' – Bruner v. Hartsfield, Fla. Cir. Ct., No. 2007-CA-003247, 10/27/08 
  • New York State Proposed Regulations Regarding a Change in Certain Rules for Determining Residency for Personal Income Tax Purposes 
  • Barack Obama's Tax Proposals
November 2008
  • November AFR Down for GRATs, QPRTs and Split Interest Charitable Trusts
  • Gifts of Limited Partnership Interests Not Indirect Gifts of Underlying Assets
  • Inflation-Adjusted 2009 Figures for Estates and Trusts
  • Marital Deduction Disallowed Where Spouse Presumed to Have Survived Decedent
  • Supreme Court Denies IRS's Request to Review Methodology to Determine Value of Assets with Built-In Capital Gain Tax
  • Certain Split-Dollar Arrangements Must Comply with Section 409A
October 10, 2008
August 28, 2008
Dow Jones Private Equity Analyst-Holt Compensation Study
2008
60 Fla. L. Rev. 961
Interpreting IRC § 67(e): The Supreme Court’s Attempt to Nail Investment Advisory Fees to the “Floor”
June 2008
  • Low Interest Rates Yield Wealth Transfer Opportunities
  • Creating A "GRAT": Heads You Win, Tails You Break Even
  • Intra-family Loans: A Simple Yet Effective Estate Planning Tool
  • Charitable Lead Trusts Can Save Transfer Taxes
  • Other Estate Planning Techniques That Work Best In A Low Interest Rate Environment
March 7, 2008
March 2008
January 23, 2008
December 2007
  • January 2008 Update - Federal and State Estate, Gift and GST Tax Changes
  • Why You Should Consider a Revocable Trust
  • Importance of Properly Maintaining a Family Limited Partnership
  • Last Call For Lifetime Gifts To Charities From Individual Retirement Accounts?
2007
59 Fla. L. Rev. 707
Employment Law: An Adverse Action Against Employers: The Supreme Court’s Expansion of Title VII’s Anti-Retaliation Provision
February 1, 2007
October 2006
August 2006
Private Equity Analyst-Holt Compensation Study
August 21, 2006
June 2006
December 2005
August 2, 2005
June 23, 2005
June 2005
December 2004
October 19, 2004
June 2004
December 2003
August 2003
The Metropolitan Corporate Counsel
Switching Domicile to Florida? Don't Forget About Intangibles Tax
April 28, 2003
New York Law Journal
Switching Domicile to Florida? Don't Forget About Intangibles Tax
October 1, 2002
March 1, 2002
November 1992
56 Florida Bar Journal No. 10
Fighting the Statute of Limitations – Is There Hope?