Wealth Strategies Journal

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Month: March 2016 (page 1 of 3)

Contract, Consent, and Fiduciary Relationships by Lionel Smith

Lionel Smith has made available for download his article, “Contract, Consent, and Fiduciary Relationships,” published in the P. Miller and A. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, O.U.P., 2016.

The Abstract reads as follows:

What is the relationship between contract and fiduciary obligations? In this paper I aim

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Backdating Marriage by Peter Nicholas

Peter Nicholas has made available for download his article, “Backdating Marriage,” published in the California Law Review and the University of Washington School of Law Research Paper No. 2016-03.

The Abstract reads as follows:

Many same-sex couples have been in committed relationships for years, even decades. Yet it was not

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Condominium Law in Taiwan: Doctrinal Overview Under the Lens of Information-Cost Theory by Yun-chien Yang

Yun-chien Yang has made available for download his article, “Condominium Law in Taiwan: Doctrinal Overview Under the Lens of Information-Cost Theory,” published in the Asia-Pacific Law Review, the U. Chicago Institute for Law & Economics Research Paper No. 751, and the U. Chicago Public Law Working Paper No. 568.

The … Continue reading

Trust Protectors: Why They Have Become the “Next Big Thing” by Lawrence A. Frolick

Lawrence A. Frolick has made available for download his article, “Trust Protectors: Why They Have Become the ‘Next Big Thing’,” published in the Real Property, Probate and Trust Law Journal and the University of Pittsburgh Legal Studies Research Paper.

The Abstract reads as follows:

Settlors are increasingly naming trust protectors,

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Holliday v. Commissioner: Is the value of an asset includable in an estate?

In Holliday v. Commissioner, the IRS found an $800,000 deficiency in Holliday’s estate taxes. The issue pertains to whether or not an asset the decedent transferred to Oak Capital Partners LP, is includable in the value of her gross estate pursuant. The court held that the value of the assets … Continue reading

Falsifying the Trust Account and Compensatory Equitable Compensation by J.E. Penner

J.E. Penner has made available for download his article, “Falsifying the Trust Account and Compensatory Equitable Compensation,” published in the NUS Law Working Paper No. 2016/003.

The Abstract reads as follows:

The scope of decision of the United Kingdom Supreme Court in AIB Group v Mark Redler & Co will
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The Problematic Concept of Possession in the DCFR: Lessons from Law and Economics of Possession by Yun-chien Chang

Yun-chien Chang has made available for download his article, “The Problematic Concept of Possession in the DCFR: Lessons from Law and Economics of Possession,” published in the European Journal of Property Law and the University of Chicago, Public Law Working Paper.

The Abstract begins as follows:

The concept of possession

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Reclaiming a Presence in Ancestral Lands: The Return of Native Peoples to the National Parks by Jeanette Wolfley

Jeanette Wolfley has made available for download her article, “Reclaiming a Presence in Ancestral Lands: The Return of Native Peoples to the National Parks,” published in the Natural Resources Journal, Vol. 56, No. 1, 2016, UNM School of Law Research Paper.

The Abstract reads as follows:

For Native peoples, sacred

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Community Property: IRS Publication 555

The Internal Revenue Service has made available its Publication 555 titled “Community Property”.

Read the introduction here:

Community property laws generally. Community property laws affect how you figure your income on your federal income tax return if you are married, live in a community property state or country, and file

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Espen Robak: Holliday FLP Transfer Runs Afoul of Sec. 2036

By: Espen Robak

In Estate of Holliday, decided March 17, 2016, the IRS won a small (dollar-wise) yet meaningful victory on the Sec. 2036 retained interest issue. The case is instructive, since the facts were not particularly bad for the taxpayer. Thus, and especially in conjunction with recent cases, it … Continue reading

Pets, debts and e-cigarettes: how millennials spend their paychecks

Mahita Gajanan discusses the stories of 6 different millennials and their spending habits in the modern age. Ranging from unemployed to salaries of 130,000, the one thing they have in common is that they’re smart about what they spend on. Like anyone else, some are willing to splurge on basic … Continue reading

If It’s March, It Must be Miami: When Home Changes With the Season

In this article, Robert Frank looks at the migratory patterns of today’s ultrawealthy. According to the Knight Frank Wealth Report, the population of multimillionaries in major cities around the world now changes radically from month to month.

The article begins as follows:

Oren Alexander, the Miami-based real estate agent to

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Syed Navaid v. Commissioner of Internal Revenue

In this case, the Commissioner determined a deficiency in Federal income tax of over $30,000 and an accuracy-related penalty under section 6662(a) of over $7,000 for the Navaid’s 2010 taxable year. Navaid was sentenced to prison for siphoning medications from the Department of Veteran’s affairs into his own private pharmacy, … Continue reading

Charles E. Brown and Connie E. Brown v. Commissioner of Internal Revenue

In the case presented here, the Commissioner of Internal Revenue determined a deficiency of $4,018 in the Browns’ federal income tax for 2010. The issues up for debate were whether the Browns’ were entitled to medical expense or charitable contributions deductions beyond those allowed in the statutory notice or conceded by … Continue reading

The Erosion of Fiduciary Singularity: Contract, Trust and Corporation by Adam S. Hofri-Winogradow

Adam S. Hofri-Winogradow has made available for download his article, “The Erosion of Fiduciary Singularity: Contract, Trust and Corporation” published in the Wills, Trusts & Estates Law eJournal, Vol. 12, No. 8. March 2016.

Read the Abstract here:

This Article presents a new theory of fiduciary relationships. Using legal analysis,

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