Taxation-Federal Estate and Gift Commons^™

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.

Afterlife Of The Death Tax, Samuel D. Brunson

Indiana Law Journal

More than a century ago, Congress enacted the modern estate tax to help pay for World War I. Unlike previous iterations of the estate tax, though, this one outlived the war and accumulated additional goals beyond merely raising revenue. The estate tax helped ensure the progressivity of the tax system as a whole, and it limited the hereditary ability to accumulate wealth.

This modern estate tax almost instantly met with opposition, though. The opposition has never been sufficient to entirely eliminate the estate tax, but it has severely weakened its ability to raise revenue and to prevent the accumulation of …

From Strength To Strength: A Comment On Morley And Sitkoff's Making Directed Trusts Work, James P. Spica

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.