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Full-Text Articles in Law

Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu Mar 2023

Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu

Marquette Law Review

The tax preparer industry is unusual in that it involves the interpretation of an intricate and complicated tax code, but imposes no minimum requirements of competency because the industry is largely unregulated. A study by the Government Accountability Office (GAO) indicated that unregulated tax preparers commit significantly higher error rates and, based in part on that study’s findings, the Internal Revenue Service (IRS) attempted to regulate the tax preparer industry nationwide under the Registered Tax Return Preparer (RTRP) regime. This RTRP program was invalidated in Loving v. IRS, however, leaving the industry largely unregulated, except in the small minority …


Narrowing The Playing Field On Nil Collectives, Kathryn Kisska-Schulze Jan 2023

Narrowing The Playing Field On Nil Collectives, Kathryn Kisska-Schulze

Marquette Sports Law Review

No abstract provided.


This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze Jan 2019

This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze

Marquette Sports Law Review

None


Papa's Brand New Bag: The Need For Irs Recognition Of An Independent Nonprofit Limited Liability Company (Nllc), Kenya Jh Smith Jun 2015

Papa's Brand New Bag: The Need For Irs Recognition Of An Independent Nonprofit Limited Liability Company (Nllc), Kenya Jh Smith

Marquette Law Review

none


Gift Tax Returns As A Planning Strategy, Daniel J. Walsh Aug 2012

Gift Tax Returns As A Planning Strategy, Daniel J. Walsh

Marquette Elder's Advisor

Timely filing of a properly prepared gift tax return will begin the statute of limitations period for revaluing the gift for gift tax purposes, but not necessarily for estate tax purposes. Walsh describes how the Taxpayer Relief Act of 1997 (TRA'97) can provide a taxpayer with potential solutions and describes how the final regulations provide planning opportunities for attorneys to assist their clients.


Tax Rules Relating To The Sale Of A Principal Residence, Bradley Frigon Aug 2012

Tax Rules Relating To The Sale Of A Principal Residence, Bradley Frigon

Marquette Elder's Advisor

No abstract provided.


Retirement Account Distributions: A Journey Through The New Rules, Catherine M. Priebe Hertzberg Aug 2012

Retirement Account Distributions: A Journey Through The New Rules, Catherine M. Priebe Hertzberg

Marquette Elder's Advisor

This article examines new proposed regulations that make changes to minimum required distribution rules for IRAs and other retirement accounts


New Regulations Simplify Required Distributions From Iras And Certain Qualified Deferred Compensation Plans, Richard Mandel Aug 2012

New Regulations Simplify Required Distributions From Iras And Certain Qualified Deferred Compensation Plans, Richard Mandel

Marquette Elder's Advisor

In April 2002, the IRS released new regulations that greatly simplify the rules regarding required distributions from IRAs and certain qualified retirement plains. This articles summarizes these new rules by applying them to the two categories into which each retiree must fall and analyzing the effect of the four possible beneficiary designations available to retirees.


Post-Mortem Ira Planning For The Surviving Spouse, Greg Reymann Aug 2012

Post-Mortem Ira Planning For The Surviving Spouse, Greg Reymann

Marquette Elder's Advisor

In 2002, the IRS issued simplified regulations governing required minimum distributions (RMDs) for IRAs. The new rules make elections at the time of one's required beginning date obsolete, and shift the deadline for many of the planning options to a specified date following the IRA owner's death. This article discusses those planning options faced by the surviving spouse.


Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger Aug 2012

Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger

Marquette Elder's Advisor

Seniors may receive care for which they pay the provider without realizing the tax implications if they are deemed the employer of the provider. Neiburger discusses the sometimes confusing differences between and independent contractor and an employee, and the various taxes and penalties, both federal and state (Illinois as an example) for which employers are responsible.


Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale Aug 2012

Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale

Marquette Elder's Advisor

This section discusses how carryover basis is established and adjusted when property, including real property and financial instruments, is gifted (including gift tax adjustments). Implications of revocable and irrevocable trusts are explored, and issues involving the use of joint tenancy, especially those that might apply to today's elderly, are examined.


Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller Aug 2012

Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller

Marquette Elder's Advisor

Much more than the disposition of worldly goods must be considered when preparing legal documents for end-of-life situations. This article stresses the necessity of client autonomy in preparing dispositional gifts as well as decision planning for medical care and treatment for senior citizens, and also explains the concept of Generatively: the desire to contribute to the well-being of . . . future generations.


Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler Aug 2012

Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler

Marquette Elder's Advisor

Because the IRS must normally use actuarial tables to determine life expectancy, particular persons whose life expectancy may be much shorter than projected may be able to preserve a much larger than usual portion of family assets through the use of Charitable Lead Annuity Trusts (CLATS) or private annuity sales. The advantages, disadvantages, and basic tax considerations of each are shown through several detailed examples.


Subverting The Internal Revenue Code In The "Game" Of Sports Stadium Financing, John D. Finerty Jr. Jun 1991

Subverting The Internal Revenue Code In The "Game" Of Sports Stadium Financing, John D. Finerty Jr.

Marquette Sports Law Review

No abstract provided.