Tax Law Commons^™

Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, Maren N. Eisenmesser

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2014, the Fifth Circuit held that Mr. Elkins’s estate was entitled to apply a fractional ownership discount to determine the taxable value of the undivided interest in artwork. The estate received a $14 million refund plus interest. The Internal Revenue Code directs taxpayers to value the items in a gross estate at their fair market value. Fractional ownership adds another problem in the valuation of an estate’s interest property. In general, courts have accepted fractional ownership discounts for real property. In contrast, courts have been reluctant to apply a fractional ownership discount for artwork. This Note will argue that …

Front Matter

ACTEC Law Journal

No abstract provided.

The Tax And Practical Aspects Of The Installment Sale To A Spousal Grantor Trust, William R. Culp Jr., Paul M. Hattenhauer, Briani Bennett Mellen

ACTEC Law Journal

No abstract provided.

Re-Considering Undue Influence In The Digital Era, Jodie Distler

ACTEC Law Journal

No abstract provided.

Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James C. Milton, Katheleen R. Guzman

ACTEC Law Journal

No abstract provided.

Making Directed Trusts Work: The Uniform Directed Trust Act, John D. Morley, Robert H. Sitkoff

ACTEC Law Journal

Directed trusts have become a familiar feature of trust practice in spite of considerable legal uncertainty about them. Fortunately, the Uniform Law Commission has just finished work on the Uniform Directed Trust Act (UDTA), a new uniform law that offers clear solutions to the many legal uncertainties surrounding directed trusts. This article offers an overview of the UDTA, with particular emphasis on four areas of practical innovation. The first is a careful allocation of fiduciary duties. The UDTA’s basic approach is to take the law of trusteeship and attach it to whichever person holds the powers of trusteeship, even if …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Alternative Dispute Resolution And The Uniform Trust Code -- Colorado's Approach, Darla L. Daniel

ACTEC Law Journal

No abstract provided.

Utc's Duty To Inform And Report At 20 -- How Mandatory Is Transparency?, Mel M. Justak, Anne-Marie Rhodes

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Just Say No: Reasons States Have Not Adopted The Utc, Robert Barton

ACTEC Law Journal

No abstract provided.

Who Is A Qualified Beneficiary?, John P. Edgar

ACTEC Law Journal

No abstract provided.

Trustee Liability For Breach Of Trust -- Loss Or Profit, Or Loss And Profit, Kenneth F. Joyce

ACTEC Law Journal

No abstract provided.

A Powerful Tool: Modification Or Termination Of A Noncharitable Irrevocable Trust By Consent Under Section 411(A) Of The Uniform Trust Code, Maureen L. O'Leary

ACTEC Law Journal

No abstract provided.

Beyond Utc Section 808 And The Uniform Directed Trust Act, Wayne E. Reames

ACTEC Law Journal

No abstract provided.

Settlor-Authorized Fiduciary Indifference To Trust Purposes And The Interests Of Beneficiaries, James P. Spica

ACTEC Law Journal

No abstract provided.

Foreword: Twenty Years Of The Uniform Trust Code, Jeffrey A. Cooper

ACTEC Law Journal

As we approach the 20th anniversary of the codification of the Uniform Trust Code (the "UTC"), it has been enacted in 35 jurisdictions and remains under consideration elsewhere. It has proven to be both popular and influential, generating spirited debates about issues ranging from ministerial to transformative. It has impacted numerous aspects of trust and estate practice, including estate planning, trust administration, and fiduciary litigation.

This is the foreword to a special issue of the ACTEC Law Journal to be produced to mark the occasion of the UTC’s 20th anniversary. In this very brief work, I provide a quick overview …

The Prudent Investor Rule Past, Present And Future: A View From Illinois, Jane G. Ditelberg

ACTEC Law Journal

No abstract provided.

The Dark Side Of Codification, Thomas P. Gallanis

ACTEC Law Journal

No abstract provided.

The Need For A New Type Of Purpose Trust, The Stewardship Trust, Susan N. Gary

ACTEC Law Journal

No abstract provided.

Purpose Trust Cy Pres, Thomas E. Simmons

ACTEC Law Journal

No abstract provided.

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

The Contemporary Tax Journal

No abstract provided.

A Georgist Perspective Of Petroleum Taxation, Joseph Leeson

Indiana Journal of Global Legal Studies

Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

Front Matter

ACTEC Law Journal

No abstract provided.

Estate Planning And Trust Management For A Brave New World: It's All In The Family…What's A Family?, R. Hugh Magill

ACTEC Law Journal

No abstract provided.

Brief Comment On Trustee Prudence And Passive Investing, C. Raymond Radigan, Jennifer F. Hillman

ACTEC Law Journal

No abstract provided.

Prudence Of Passivity Vs. Prudence Of Process: Can A Default Approach Be Prudent?, Elisa Shevlin Rizzo, Erica E. Lord

ACTEC Law Journal

No abstract provided.

Janus As A Client: Ethical Obligations When Your Client Plays Two Roles In One Fiduciary Estate, Karen E. Boxx, Philip N. Jones

ACTEC Law Journal

Is it possible for an attorney to have a conflict of interest when the attorney represents a trustee who is also a beneficiary of the trust? Is that situation similar to having two clients? What if the trustee is not only a beneficiary, but also a claimant against the trust? Since the trustee has three roles to play, is that situation similar to an attorney having three clients? The issue presented by these potential conflicts was one of the most vexing for the drafters of the Fifth Edition of the ACTEC Commentaries. The range of possible approaches goes from a …

Strengthening The Passivity Default, Ian Ayres, Edward Fox

ACTEC Law Journal

No abstract provided.