Wealth Strategies Journal

Do More, Better, Faster

Month: January 2016 (page 1 of 2)

Julius H. Giarmarco: Transfers of FLP and FLLC Interests Require Immediate Attention

By Julius H. Giarmarco

Family limited partnerships (FLPs) and family limited liability companies (FLLCs), if properly structured, are attractive vehicles for administrative convenience; income, estate and gift tax savings; and creditor protection. It is important that an FLP or FLLC be formed for valid business purposes and not merely as … Continue reading

Not Your Mother’s Will: Gender, Language, and Wills by Karen J. Sneddon

Karen J. Sneddon has made available for download her article, “Not Your Mother’s Will: Gender, Language, and Wills,” published in the Marquette Law Review, Vol. 98, No. 4, Summer 2015.

The Abstract reads as follows:

“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from

Continue reading

Conservation Easements and the Valuation Conundrum by Nancy A. McLaughlin

Nancy A. McLaughlin has made available her forthcoming article, “Conservation Easements and the Valuation Conundrum,” to be published in 19 Florida Tax Review __ (2016).

The Abstract is as follows:

For more than fifty years, taxpayers have been able to claim a federal charitable income tax deduction under Internal Revenue

Continue reading

Legislative Approaches to Trust Arbitration in the United States by Lee-ford Tritt :: SSRN

Lee-ford Tritt has made available for download his article, “Legislative Approaches to Trust Arbitration in the United States.”

The Abstract is as follows:

In the United States, the treatment of mandatory arbitration provisions in trust agreements remains murky. This uncertainty may discourage estate planners from suggesting arbitration, even in cases

Continue reading

Crummey Delivers Another Knockout Punch to the IRS by Phyllis Taite (formerly Smith)

Phyllis Taite has made available for download her article, “Crummey Delivers Another Knockout Punch to the IRS,” which was published in Tax Notes in November 2015.

The Abstract is as follows:

In this article, Taite discusses Mikel v. Commissioner, in which the Tax Court addressed whether the donors qualified for

Continue reading

Kevin E. Packman – Even Though IRS Executives Do Not Know It, Employee Travel Reimbursements Can be Taxable

By Kevin E. Packman

On Tuesday, February 18, 2014, the Treasury Inspector General for Tax Administration (TIGTA) issued a report reviewing the long-term travel of certain IRS executives and found that nine of the thirty one executives whose records they studied made mistakes on their taxes. [1] The mistakes pertained … Continue reading

Comments on Proposed Treasury Regulations Defining Terms Relating to Marital Status by Anthony C. Infanti, The American Bar Association

Anthony C. Infant, has made available for download the Comments on Proposed Treasury Regulations Defining Terms Relating to Marital Status submitted by the Section of Taxation of the American Bar Association to Treasury on December 3, 2016.

The Abstract is as follows:

These comments respond to proposed Treasury Regulations defining

Continue reading

Airbrushed Heirs: The Problem of Children Omitted from Wills by Adam J. Hirsch

Adam J. Hirsch has made available for download his article, “Airbrushed Heirs: The Problem of Children Omitted from Wills,” published in Real Property, Probate and Trust Law Journal, Vol. 50, Fall 2015.

The Abstract is as follows:

This Article addresses rules designed to protect children from unintentional disinheritance. The Article

Continue reading

The Idea of Status in Fiduciary Law by Paul B. Miller

Paul B. Miller has made available for download his article, “The Idea of Status in Fiduciary Law.”  The Abstract is as follows:

Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships – indeed, all relationships that we think of as being inherently fiduciary –

Continue reading

Accommodating Loyalty by Andrew S. Gold

Andrew S. Gold has made available for download his article, “Accommodating Loyalty.” The Abstract is as follows:

Legal and extra-legal conceptions of loyalty often diverge, most notably in fiduciary law. Some consider this divergence problematic because they see loyalty duties as moral duties, or because they see loyalty as a moral

Continue reading

The State of the Art of Comparative Research in the Area of Trusts by Alexandra Braun

Alexandra Braun, University of Oxford – Faculty of Law, has made available for download her article, “The State of the Art of Comparative Research in the Area of Trusts.”  The Abstract is as follows:

Trusts probably represent the instrument common lawyers have always been most proud of, frequently referring to

Continue reading

Steve Akers: Estate of Purdue v. Commissioner, T.C. Memo. 2015-249 (December 28, 2015)

Steve Akers, Senior Fiduciary Counsel, Southwest Region, Bessemer Trust, has made available for download his summary of Estate of Purdue.    The summary is as follows:

Assets in LLC Not Included in Estate Under Section 2036; Gifts of LLC Interests Qualify for Annual Exclusion; Interest on Loan from Beneficiaries to

Continue reading

Copyright and the Living Dead?: Succession Law and the Postmortem Term by Eva E. Subotnik

Eva E. Subtonic, of St. John’s University School of Law, has made available for download her article, “Copyright and the Living Dead?: Succession Law and the Postmortem Term,” published in  29 HARV. J.L. & TECH. 77 (2015).  The abstract reads as follows:

A number of commentators have recently objected to

Continue reading

Chuck Rubin – Improper Decanting in Florida

Chuck Rubin writes about a case of first impression in Florida’s 5th District Court of Appeals, Harrell and Dake v. Badger, 5th DCA, Case Nos. 5D14-1145 and 5D14-3469 (2015), relating to a trustee’s ability to decant one trust into a new trust.

In Harrell and Dake, a trustee transferred the funds of a … Continue reading

Want to Keep New Year’s Resolutions? Consider the Consequences of Failing

Paul Sullivan, in his weekly NY Times column, Wealth Matters, writes about keeping financial New Year’s resolutions.  His column begins as follows:

THE New Year’s resolutions are still new. And a cynic — or realist, given past performance — might say many of them will fail by spring, if not

Continue reading
Older posts