Wealth Strategies Journal

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Month: September 2015 (page 1 of 2)

Irresolute Testators, Clear and Convincing Wills Law by Jane B. Baron

Jane B. Baron, Temple University – James E. Beasley School of Law, has made available for download her article, “Irresolute Testators, Clear and Convincing Wills Law,” published in the Washington and Lee Law Review, Vol. 73, No. 1. The Abstract is as follows:

Controversial recent wills law reforms, embodied in

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New Startup With Ashton Kutcher Funding, Willing, Provides Free Estate And Funeral Planning

Tech incubator, Y Combinator and other investors, including Sound Ventures, co-founded by Ashton Kutcher, have invested in a new start up, Willing.com, that provides free estate planning services and funeral planning.  The purported goal is to make death planning easier for the 51 percent of Americans aged 55 to … Continue reading

The One Hundredth Anniversary of the Federal Estate Tax: It’s Time to Renew Our Vows by Paul L. Caron

Paul L. Caron, Pepperdine University – School of Law, has made available for download his article, “The One Hundredth Anniversary of the Federal Estate Tax: It’s Time to Renew Our Vows,” published in the Boston College Law Review, Vol. 57, No. 3, 2016.  The Abstract is as follows:

September 8, 2016

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IRS Issues Proposed Regs on Substantiation of Charitable Contributions

The IRS has issued proposed regs under Code Sec. 170(f)(8), REG-138344-13, implementing the exception to the contemporaneous written acknowledgement requirement for substantiating charitable contribution deductions of $ 250 or more. The proposed regs explain how donee organizations must file information returns that report the required information regarding contributions.

Comments … Continue reading

PLR 201538011: Trust Income Excludable from Gross Income Under Section 115(1)

In PLR 201538011, the Service ruled that a trust’s income is excludable under Code Section 115, which provides that gross income does not include income derived from any public utility or the exercise of any essential governmental function and accruing to a state or any political subdivision thereof. Here, … Continue reading

Matched Preferences and Values: A New Approach to Selecting Legal Surrogates by Nina A. Kohn

Nina A. Kohn has made available for download her article, “Matched Preferences and Values: A New Approach to Selecting Legal Surrogates,” published in the San Diego Law Review.  The Abstract is as follows:

Every day, hospitals are filled with incapacitated patients whose healthcare decisions are made by other people. The

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Donative Trusts and the Federal Arbitration Act by David Horton

David Horton has made available for download his article, “Donative Trusts and the Federal Arbitration Act.” The Abstract is as follows:

In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true

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Menzie and Karlin Request Guidance for Treaty Nonresidents

Liliana Menzie and Michael J.A. Karlin, in “Request for Guidance Regarding Dual Residents under Treasury Regulations Section 301.7701(b)-7 Who Are Treated as Nonresident Aliens of the United States,” an article published in both Tax Notes and the California Tax Lawyer, request guidance and confirmation from the IRS that a … Continue reading

IRS Released Audit Guide on Structured Settlements

The IRS has released  an audit guide, Structured Settlement Factoring Audit Technique Guide (ATG), for examining cases involving Code Sec. 5891 excise taxes on structured settlements in factoring transactions.

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.

The Moving Target of Tax Reform by Karen C. Burke, Grayson M. P. McCouch

Karen C. Burke, University of Florida – Levin College of Law, and Grayson M. P. McCouch, University of Florida – Levin College of Law, have made available for download their article, The Moving Target of Tax Reform, published at  93, N.C. L. Rev. 649 (2015).  The Abstract is as follows:… Continue reading

IRS Issues Proposed Regs on Gifts + Bequests from Expatriates

The IRS has issued proposed regulations on September 9, 2015,  addressing taxation of US  citizens and residents receiving gifts/bequests from individuals who previously expatriated from the US.

The proposed regulations are broken into seven parts, which are as follows:

  • Section 28.2801-1 of the proposed regulations sets forth the general rules
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Israel Mikel v. Commissioner: Litigation Costs Denied In Gift Tax Dispute

In Israel Mikel v. Commissioner, T.C. Memo 2015-64, the Tax Court denied the taxpayer’s request for an award of litigation costs after it was granted summary judgment in a gift tax dispute with the IRS, finding that the IRS’s position was substantially justified based on in terrorem provisions in a … Continue reading

Correcting the Record Regarding the Restatement of Property’s Slayer Rule in the Brooklyn Law Review’s Symposium Issue on Restatements by Lawrence W. Waggoner, John H. Langbein

Lawrence W. Waggoner, University of Michigan Law School, and John H. Langbein, Yale University – Law School, have made available for download their article, Correcting the Record Regarding the Restatement of Property’s Slayer Rule in the Brooklyn Law Review’s Symposium Issue on Restatements , which is published in the Brooklyn Law … Continue reading

Edwin P. Morrow III

Ed Morrow

Edwin Morrow, J.D., LL.M., MBA, CFP®, RFC® is the Director of Wealth Transfer Planning and Tax Strategies at Key Private Bank Family Wealth Advisory Services.  As one of Key’s national wealth specialists, Ed works with local Key Private Bank financial advisory and trust teams nationwide. He assists with in-depth reviews of … Continue reading

The Law of Human Remains by Tanya D. Marsh

Assistant Professor of Law, Tanya D. Marsh, has made available for download an excerpt from her book, “The Law of Human Remains,”  (Lawyers and Judges Publishing Company, 2015).  The Abstract is as follow:

A human cadaver is no longer a person, but neither is it an object to be easily

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