Law Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

How To Draft Trusts To Own Retirement Benefits, Keith A. Herman

ACTEC Law Journal

No abstract provided.

Ira Administration For High Net Worth Clients And Their Beneficiaries -- Unique Challenges And Best Practices For Financial Institutions, Svetlana V. Bekman

ACTEC Law Journal

No abstract provided.

Eliminate State Tax On Trust Income: A Comprehensive Update On Planning With Incomplete Gift Non-Grantor Trusts, Kevin R. Ghassomian

ACTEC Law Journal

Private letter rulings dating back to 2001 affirm various tax attributes of incomplete gift non-grantor trusts, known popularly as "DING Trusts," which have been used by taxpayers to relocate investments from high-tax states to no-tax states. In 2007, the Internal Revenue Service questioned the integrity of its rulings on the DING Trust and cast doubt on its continuing viability for tax planning purposes. After nearly six years of indecision, a flurry of favorable new rulings was released in March of 2013, restoring widespread confidence in the DING Trust as an option for taxpayers seeking relief from rising income tax rates. …

The Intermediary Clat Alternative To The Residuary Estate Family Foundation Gift, Richard S. Franklin, Jennifer A. Birchfield Goode

ACTEC Law Journal

No abstract provided.

State Taxation Of Trusts And Their Beneficiaries When There Are Multiple State Contacts, John Mcgown Jr.

ACTEC Law Journal

This article examines the state income taxation of testamentary trusts and individual trust beneficiaries when there are multiple state contacts. For matters of illustration, the focus is on states comprising the Northwest Idaho, Wyoming, Montana, Washington, Oregon, Nevada, and Utah. Since three of these states have no individual income tax, essence of the inquiry is limited to the state income tax systems of Idaho, Utah, Montana, and Oregon. Although the focus is on states in the Northwest, the concept applies nationwide. Before moving on to an examination of the state taxation topic, a review of the basic federal system of …

Killing Your Chances Of Inheriting: The Problem With The Application Of The Slayer Statute To Cases Of Assisted Suicide, Ryan Konsdorf, Scott Alden Prulhiere

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

The Federal Tax Treatment Of Disclaimers Of Future Interests: A Call For Reform, Trent S. Kiziah

ACTEC Law Journal

Federal tax laws essentially preclude individuals with a future interest from disclaiming because the time in which a qualified disclaimer can be executed may pass before the person becomes aware of the interest and long before the interest becomes possessory and fixed as to quality and quantity. This article examines the state of the law prior to enactment of these limiting tax provisions, examines the call for reform by commentators, and examines the legislative history resulting in the current law. The author asserts Congress made an informed decision albeit a poor one. The author recommends Congress revisit the issue and …

The Life And Death Of The Ipswich Grammar School Trust: Is Enduring Dead Hand Control Possible?, Ronald Chester

ACTEC Law Journal

This article examines the reasons for the 360-year longevity of the Ipswich (Mass.) Grammar School trust, which was in force from 1652 to 2012, the longest-running charitable trust in American history. It concludes that the cornerstone of the trust’s longevity was the emphasis of its major donor, the Puritan William Paine, on open-handed contribution to the community, rather than dead hand control. A wealthy merchant and landowner and friend of Massachusetts Bay Colony Governor John Winthrop and his son, Paine imbued his commercial activities with a profound civic-mindedness.

A 1647 law required the establishment of a grammar school by any …

California Income Taxation Of Trusts And Estates, Richard S. Kinyon, Kim Marois, Sonja K. Johnson

ACTEC Law Journal

No abstract provided.

Coming Ashore - Planning For Year 2017 Offshore Deferred Compensation Arrangements: Using Clats, Ppli And Preferred Partnerships And Consideration Of The Charitable Partial Interest Rules, N. Todd Angkatavanich, Jonathan G. Blattmachr, James R. Brockway

ACTEC Law Journal

No abstract provided.

Protecting Your Clients' Assets From Their Future Ex-Sons And Daughters-In-Law: The Impact Of Evolving Trust Laws On Alimony Awards, Christopher J. Roman

ACTEC Law Journal

No abstract provided.

The Life And Death Of John J. Stevens, Esq., As A Member Of The Legal Profession, Max Gutierrez Jr.

ACTEC Law Journal

No abstract provided.