Taxation-Federal Estate and Gift Commons

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Recent Articles in Taxation-Federal Estate and Gift

How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham Pepperdine University

How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham

Pepperdine Law Review

Advising a client how to accomplish a tax-free rollover from one pension plan to another has been an area of confusion for the general practitioner. In order to end this confusion the author examines recent statutory amendments, Internal Revenue Service rulings and the Employee Retirement Income Security Act. The author then outlines, in conjunction with the recent changes in the law, potential pension plan rollover scenarios that can aid the client. After a thorough discussion of the available rollovers and the benefits and drawbacks of each, the author concludes with a chart designed to provide quick identification of the most ...


Occupy The Tax Code: Using The Estate Tax To Reduce Inequality And Spur Economic Growth, James R. Repetti, Paul L. Caron Boston College Law School

Occupy The Tax Code: Using The Estate Tax To Reduce Inequality And Spur Economic Growth, James R. Repetti, Paul L. Caron

Boston College Law School Faculty Papers

Inequality has been increasing in the United States. We should care about this increase because inequality contributes to a variety of adverse social consequences that persist across generations. There is also substantial empirical evidence that inequality has a long-term negative impact on economic growth.

For many decades, federal tax policy has played an important role in reducing inequality, although the impact of federal taxes on inequality has waxed and waned depending on the focus of elected officials. We argue that the estate tax is a particularly apt vehicle to reduce inequality because inheritances are a major source of wealth among ...


Recent Legislative Changes As To The Reporting And Payment Of The Gift Tax: A Step Toward Tax Simplification, Harry F. Byrd Jr. Pepperdine University

Recent Legislative Changes As To The Reporting And Payment Of The Gift Tax: A Step Toward Tax Simplification, Harry F. Byrd Jr.

Pepperdine Law Review

The overly complex nature of the nation's tax laws has spurred congressional action to simplify the tax code. United States Senator Harry F. Byrd, Jr. has demonstrated his commitment toward this goal by his recent introduction of the Annual Gift Tax Return Act. This measure, enacted as part of the Economic Recovery Tax Act of 1981, provides a return to the system of annual gift tax reporting. More significantly, it demonstrates that simplification of the tax laws can be achieved without sacrificing other goals, and without additional costs to the taxpayer.


It Pays To Give It Away - Sometimes: Inter Vivos Charitable Remainder Unitrusts In Estate Planning, Robert G. Popovich Pepperdine University

It Pays To Give It Away - Sometimes: Inter Vivos Charitable Remainder Unitrusts In Estate Planning, Robert G. Popovich

Pepperdine Law Review

No abstract provided.


Distracted From Distraction By Distraction: Reimagining Estate Tax Reform, Edward J. McCaffery BLR

Distracted From Distraction By Distraction: Reimagining Estate Tax Reform, Edward J. Mccaffery

University of Southern California Law and Economics Working Paper Series

Recent legislation has left a gift and estate tax that will apply to far fewer than 1% of all decedents each year. This Article, prepared for a symposium on Tax Advice for the Second Obama Administration, argues that the estate tax has become largely irrelevant, except ironically as a spur to the creation and perpetuation of dynastic wealth via “Dynasty Trusts.” The tax no longer meets any compelling policy rationale, such as raising revenue, “backing up” the income tax, injecting progression into the tax system, or breaking up large concentrations of wealth. It is time to move on, and to ...


When Estate Planning Gets Mugged By Reality: A Cautionary Tale Of Our Times (Slides), Neil L. Rose, Edith E. Weiss College of William & Mary Law School

When Estate Planning Gets Mugged By Reality: A Cautionary Tale Of Our Times (Slides), Neil L. Rose, Edith E. Weiss

William & Mary Annual Tax Conference

No abstract provided.


Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer College of William & Mary Law School

Setting The Statute Of Limitations In United States V. Home Concrete & Supply, Llc, 132 S. Ct. 1836 (2012), Joan I. Oppenheimer

William & Mary Annual Tax Conference

No abstract provided.


An Objective View Of Insurance: Advanced Life Insurance Planning Case Studies (Slides), Thomas J. Pauloski College of William & Mary Law School

An Objective View Of Insurance: Advanced Life Insurance Planning Case Studies (Slides), Thomas J. Pauloski

William & Mary Annual Tax Conference

No abstract provided.


The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison Pepperdine University

The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison

Pepperdine Law Review

No abstract provided.


Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash Pepperdine University

Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash

Pepperdine Law Review

No abstract provided.


Support Your Family But Leave Out Uncle Sam: A Call For Federal Gift Tax Reform, Robert G. Popovich University of Maryland Francis King Carey School of Law

Support Your Family But Leave Out Uncle Sam: A Call For Federal Gift Tax Reform, Robert G. Popovich

Maryland Law Review

No abstract provided.


Estate Taxation Of Life Insurance Policies Held By The Insured As Trustee - Estate Of Skifter V. Commissioner University of Maryland Francis King Carey School of Law

Estate Taxation Of Life Insurance Policies Held By The Insured As Trustee - Estate Of Skifter V. Commissioner

Maryland Law Review

No abstract provided.


Death Benefit Payments To Widows Of Deceased Corporate Employees - Gift Or Income? - Poyner V. C.I.R., Barry D. Berman University of Maryland Francis King Carey School of Law

Death Benefit Payments To Widows Of Deceased Corporate Employees - Gift Or Income? - Poyner V. C.I.R., Barry D. Berman

Maryland Law Review

No abstract provided.


The Federal Estate Tax And Sale Of A Retained Life Estate In Contemplation Of Death - United States V. Allen, Thomas J.S. Waxter Jr. University of Maryland Francis King Carey School of Law

The Federal Estate Tax And Sale Of A Retained Life Estate In Contemplation Of Death - United States V. Allen, Thomas J.S. Waxter Jr.

Maryland Law Review

No abstract provided.


Apportionment Of The Federal Estate Tax - With Particular Reference To The Estate Of A Maryland Decedent, George Gump University of Maryland Francis King Carey School of Law

Apportionment Of The Federal Estate Tax - With Particular Reference To The Estate Of A Maryland Decedent, George Gump

Maryland Law Review

No abstract provided.


Paul Ryan's Roadmap To Inequality, Edward D. Kleinbard BLR

Paul Ryan's Roadmap To Inequality, Edward D. Kleinbard

University of Southern California Law and Economics Working Paper Series

The purest articulation of Paul Ryan’s fiscal belief system is his 2010 Roadmap for America’s Future. The tax provisions of this extensive proposal would convert the current personal and corporate income taxes into two consumption taxes, and repeal the gift and estate tax.

This report explains how the Roadmap, like Herman Cain’s 9-9-9 Plan, would operate in practice like a large new payroll tax. The Roadmap would directly immunize the highest labor income earners from this tax through a large reduction in the top rate of the Roadmap’s labor earnings tax, compared with current law or ...


The Dirty Little Secret Of (Estate) Tax Reform, Edward J. McCaffery BLR

The Dirty Little Secret Of (Estate) Tax Reform, Edward J. Mccaffery

University of Southern California Law and Economics Working Paper Series

This brief commentary argues that Congress is unlikely to do anything dramatic with estate tax reform in 2012 – either allowing the tax to return to its Year 2000 levels, of a $1 million per person exemption and a 55% tax rate, in January 2013 or repealing the tax in full – because Congress has a financial interest in keeping the issue alive to generate campaign contributions for those both supporting and opposing the tax.