Tax Law Commons^™

In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy

Northwestern University Law Review

Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of

persons, which includes the settlor.

Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …

Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb

William & Mary Annual Tax Conference

No abstract provided.

2016 Trying Times: Important Lessons To Be Learned From Recent Federal Tax Cases, Nancy Mclaughlin

Utah Law Faculty Scholarship

Since 2005, the courts have collectively issued more than 80 opinions involving challenges to deductions claimed under IRC § 170(h) with regard to conservation and facade easement donations. This outline provides a brief history of developments in the deduction context, discusses the practical implications of the recent court decisions, and offers advice on how to file a tax return package to minimize the risk of audit. It also briefly notes various other important issues, such as the IRS's focus on valuation and syndicated deals, quid pro quo, and reserved development rights.

Front Matter (Letter From The Editor, Masthead, Etc.)

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal Volume 6, No. 1 – Summer/Fall 2016

The Contemporary Tax Journal

No abstract provided.

Summaries For The Fourth Annual Irs/Sjsu Small Business Tax Institute, Padmini Yalamarthi, Fan Wang, Jie Shen, Xuan Hong, Marla Hampton Cpa, Mba, Aaron Grey

The Contemporary Tax Journal

No abstract provided.

Dependent Disclaimers - Who Wields The Power?, Christina Ciaramella D'Elia Esq.

ACTEC Law Journal

No abstract provided.

Commentary On Dependent Disclaimers By Katheleen R. Guzman, Bich-Nga H. Nguyen

ACTEC Law Journal

No abstract provided.

Dependent Disclaimers, Katheleen R. Guzman

ACTEC Law Journal

No abstract provided.

In Defense Of Friedman: A Reply To Professor Guzman, Jeffrey A. Cooper

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

A Nominal Credit: Why Donor Recognition Should Not Limit The Deductibility Of Section 170 Charitable Contributions, Benjamin J. Imdieke

ACTEC Law Journal

In figuring their federal income tax liability, individuals are generally entitled to deduct from gross income the amount of their charitable contributions. Charities often recognize such donors for their gifts by associating donor names with the projects such donors make possible. In 2015, Lincoln Center made headlines when it recognized David Geffen's $100 million gift by placing his name on what the Center had previously named Avery Fisher Hall. The story renewed a debate over whether donor recognition should affect the amount of such donor's charitable deduction and, is so, how. This article argues that donor recognition should not affect …

Defending Dependent Disclaimers, Katheleen R. Guzman

ACTEC Law Journal

No abstract provided.

Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark

Georgia Journal of International & Comparative Law

No abstract provided.

Professor Elaine Gagliardi On The Magical Power Of Appointment: Allows Trustor To Achieve Targeted Tax Consequences And Flexibility Of Control, Elaine H. Gagliardi

Faculty Journal Articles & Other Writings

As children, and sometimes as adults, we wish for magical powers to order the world in the way we want. Estate planners can make that wish come true for some clients and beneficiaries with judicious use of powers of appointment. Powers of appointment are uniquely suited to achieving targeted planning goals and increasing trust flexibility. Planning techniques, old and new, including the oft used Crummey trust1 and the more recently developed array of acronym trusts designed to achieve specific tax consequences, such as the intentionally defective grantor trust (IDGT)2 and the Delaware incomplete non-grantor trust (DING)3 to name a few, …

Front Matter

ACTEC Law Journal

No abstract provided.

Foreword -- The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford

ACTEC Law Journal

This short essay introduces a special issue of the ACTEC Law Journal devoted to the estate planning jurisprudence of the Supreme Court of the United States. The issue includes two invited essays on the role of the court in developing the law in this area, as well as commentaries on seventeen of the most important estate planning-related cases decided by the Supreme Court between 1925 and 2013.

The Four Horsemen And Estate Taxation, Jasper L. Cummings Jr.

ACTEC Law Journal

No abstract provided.

The U.S. Supreme Court And The Law Of Trusts And Estates: A Law Reformer's Perspective, Thomas P. Gallanis

ACTEC Law Journal

No abstract provided.

Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana

ACTEC Law Journal

No abstract provided.

Taft V. Bowers: The Foundation For Non-Recognition Provisions In The Income Tax, James R. Repetti

ACTEC Law Journal

Taft v. Bowers is a Supreme Court decision that is rarely studied in law schools or discussed by scholars. Yet, it is a case of vast significance. In the Taft decision, the Supreme Court confirmed that Congress may create non-recognition exceptions to the income tax that merely defer the recognition of income, rather than permanently exclude it. If the Taft case had been decided differently, it is likely that the number of non-recognition provisions in the Internal Revenue Code ("Code") would be significantly reduced.

Helvering V. Clifford: The Supreme Court Spoils The Broth, Mark L. Ascher

ACTEC Law Journal

No abstract provided.

Helvering V. Horst: Gifts Of Income From Property, Jerome M. Hesch, David J. Herzig

ACTEC Law Journal

No abstract provided.

Helvering V. Safe Deposit & Trust Co.: Underestimating The Power Of A Power Of Appointment, Samuel A. Donaldson

ACTEC Law Journal

No abstract provided.

Oklahoma Tax Commission V. United States: Death Taxes On Restricted Indian Personalty, Thomas E. Simmons

ACTEC Law Journal

No abstract provided.

Smith V. Shaughnessy: Slippery Remainder Interests And The Intersection Of Gift And Estate Taxes, Ann-Marie Rhodes, Erica E. Lord

ACTEC Law Journal

No abstract provided.

Robinette V. Helvering: Valuation Of Gifts To Split-Interest Trusts, Stephanie E. Heilborn, Cindy Zhou

ACTEC Law Journal

No abstract provided.

Merrill V. Fahs: Release Of Marital Rights Is Insufficient Consideration For Transfer Tax Purposes, Kevin E. Packman

ACTEC Law Journal

No abstract provided.

Fidelity-Philadelphia Trust Co. V. Smith: Form Over Substance?, Deborah V. Dunn, Domingo P. Such Iii

ACTEC Law Journal

No abstract provided.

Commissioner V. Estate Of Noel: The Double Life Of Life Insurance, John Mcgown Jr., Jason Melville

ACTEC Law Journal

No abstract provided.