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Taxation-Federal Estate and Gift Commons

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2016

Discipline
Institution
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Publication
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Articles 1 - 30 of 51

Full-Text Articles in Taxation-Federal Estate and Gift

In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy Dec 2016

In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy

Northwestern University Law Review

Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of

persons, which includes the settlor.

Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …


Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite Dec 2016

Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite

San Diego Law Review

This Article addresses some of the inequities and offers a multi-faceted proposal to raise revenue and incentivize preferences for a more balanced approached to tax policy. First, I advance a proposal that offers solutions to shift certain aspects of the capital gains tax preferences toward the middle and lower class. To balance the costs, I then propose an option to phase out or eliminate other preferences that primarily benefit the wealthiest taxpayers. This balanced approach will allow the government to raise revenue and change the capital gains tax preferences from a rewards to an incentive-based system. Part II of this …


Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb Nov 2016

Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb

William & Mary Annual Tax Conference

No abstract provided.


2016 Trying Times: Important Lessons To Be Learned From Recent Federal Tax Cases, Nancy Mclaughlin Oct 2016

2016 Trying Times: Important Lessons To Be Learned From Recent Federal Tax Cases, Nancy Mclaughlin

Utah Law Faculty Scholarship

Since 2005, the courts have collectively issued more than 80 opinions involving challenges to deductions claimed under IRC § 170(h) with regard to conservation and facade easement donations. This outline provides a brief history of developments in the deduction context, discusses the practical implications of the recent court decisions, and offers advice on how to file a tax return package to minimize the risk of audit. It also briefly notes various other important issues, such as the IRS's focus on valuation and syndicated deals, quid pro quo, and reserved development rights.


Summaries For The Fourth Annual Irs/Sjsu Small Business Tax Institute, Padmini Yalamarthi, Fan Wang, Jie Shen, Xuan Hong, Marla Hampton Cpa, Mba, Aaron Grey Sep 2016

Summaries For The Fourth Annual Irs/Sjsu Small Business Tax Institute, Padmini Yalamarthi, Fan Wang, Jie Shen, Xuan Hong, Marla Hampton Cpa, Mba, Aaron Grey

The Contemporary Tax Journal

No abstract provided.


Front Matter (Letter From The Editor, Masthead, Etc.) Sep 2016

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

The Contemporary Tax Journal

No abstract provided.


The Contemporary Tax Journal Volume 6, No. 1 – Summer/Fall 2016 Sep 2016

The Contemporary Tax Journal Volume 6, No. 1 – Summer/Fall 2016

The Contemporary Tax Journal

No abstract provided.


In Defense Of Friedman: A Reply To Professor Guzman, Jeffrey A. Cooper Sep 2016

In Defense Of Friedman: A Reply To Professor Guzman, Jeffrey A. Cooper

ACTEC Law Journal

No abstract provided.


Front Matter Sep 2016

Front Matter

ACTEC Law Journal

No abstract provided.


A Nominal Credit: Why Donor Recognition Should Not Limit The Deductibility Of Section 170 Charitable Contributions, Benjamin J. Imdieke Sep 2016

A Nominal Credit: Why Donor Recognition Should Not Limit The Deductibility Of Section 170 Charitable Contributions, Benjamin J. Imdieke

ACTEC Law Journal

In figuring their federal income tax liability, individuals are generally entitled to deduct from gross income the amount of their charitable contributions. Charities often recognize such donors for their gifts by associating donor names with the projects such donors make possible. In 2015, Lincoln Center made headlines when it recognized David Geffen's $100 million gift by placing his name on what the Center had previously named Avery Fisher Hall. The story renewed a debate over whether donor recognition should affect the amount of such donor's charitable deduction and, is so, how. This article argues that donor recognition should not affect …


Dependent Disclaimers, Katheleen R. Guzman Sep 2016

Dependent Disclaimers, Katheleen R. Guzman

ACTEC Law Journal

No abstract provided.


Commentary On Dependent Disclaimers By Katheleen R. Guzman, Bich-Nga H. Nguyen Sep 2016

Commentary On Dependent Disclaimers By Katheleen R. Guzman, Bich-Nga H. Nguyen

ACTEC Law Journal

No abstract provided.


Defending Dependent Disclaimers, Katheleen R. Guzman Sep 2016

Defending Dependent Disclaimers, Katheleen R. Guzman

ACTEC Law Journal

No abstract provided.


Dependent Disclaimers - Who Wields The Power?, Christina Ciaramella D'Elia Esq. Sep 2016

Dependent Disclaimers - Who Wields The Power?, Christina Ciaramella D'Elia Esq.

ACTEC Law Journal

No abstract provided.


Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark Jun 2016

Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


The Concept Of Church In The 1954 Internal Revenue Code, Joseph D. Garland, William F. Cahill Mar 2016

The Concept Of Church In The 1954 Internal Revenue Code, Joseph D. Garland, William F. Cahill

The Catholic Lawyer

No abstract provided.


Helvering V. Safe Deposit & Trust Co.: Underestimating The Power Of A Power Of Appointment, Samuel A. Donaldson Mar 2016

Helvering V. Safe Deposit & Trust Co.: Underestimating The Power Of A Power Of Appointment, Samuel A. Donaldson

ACTEC Law Journal

No abstract provided.


Commissioner V. Estate Of Bosch: 50 Years Of Relevance, Jonathan G. Blattmachr, Madeline J. Rivlin Mar 2016

Commissioner V. Estate Of Bosch: 50 Years Of Relevance, Jonathan G. Blattmachr, Madeline J. Rivlin

ACTEC Law Journal

No abstract provided.


Merrill V. Fahs: Release Of Marital Rights Is Insufficient Consideration For Transfer Tax Purposes, Kevin E. Packman Mar 2016

Merrill V. Fahs: Release Of Marital Rights Is Insufficient Consideration For Transfer Tax Purposes, Kevin E. Packman

ACTEC Law Journal

No abstract provided.


United States V. Byrum: Too Good To Be True?, Ronni G. Davidowitz, Jonathan C. Byer Mar 2016

United States V. Byrum: Too Good To Be True?, Ronni G. Davidowitz, Jonathan C. Byer

ACTEC Law Journal

No abstract provided.


United States V. Windsor: The Marital Deduction That Changed Marriage, Lee-Ford Tritt Mar 2016

United States V. Windsor: The Marital Deduction That Changed Marriage, Lee-Ford Tritt

ACTEC Law Journal

No abstract provided.


Front Matter Mar 2016

Front Matter

ACTEC Law Journal

No abstract provided.


The U.S. Supreme Court And The Law Of Trusts And Estates: A Law Reformer's Perspective, Thomas P. Gallanis Mar 2016

The U.S. Supreme Court And The Law Of Trusts And Estates: A Law Reformer's Perspective, Thomas P. Gallanis

ACTEC Law Journal

No abstract provided.


Helvering V. Horst: Gifts Of Income From Property, Jerome M. Hesch, David J. Herzig Mar 2016

Helvering V. Horst: Gifts Of Income From Property, Jerome M. Hesch, David J. Herzig

ACTEC Law Journal

No abstract provided.


Smith V. Shaughnessy: Slippery Remainder Interests And The Intersection Of Gift And Estate Taxes, Ann-Marie Rhodes, Erica E. Lord Mar 2016

Smith V. Shaughnessy: Slippery Remainder Interests And The Intersection Of Gift And Estate Taxes, Ann-Marie Rhodes, Erica E. Lord

ACTEC Law Journal

No abstract provided.


Commissioner V. Estate Of Noel: The Double Life Of Life Insurance, John Mcgown Jr., Jason Melville Mar 2016

Commissioner V. Estate Of Noel: The Double Life Of Life Insurance, John Mcgown Jr., Jason Melville

ACTEC Law Journal

No abstract provided.


United States V. Estate Of Grace: Seeking A More Objective Test For The Application Of The Reciprocal Trust Doctrine, Dennis I. Belcher, Kristen Frances Hager Mar 2016

United States V. Estate Of Grace: Seeking A More Objective Test For The Application Of The Reciprocal Trust Doctrine, Dennis I. Belcher, Kristen Frances Hager

ACTEC Law Journal

No abstract provided.


Commissioner V. Estate Of Hubert: How The I.R.S. Stole Hubert's Blessing, Kristen E. Caverly Mar 2016

Commissioner V. Estate Of Hubert: How The I.R.S. Stole Hubert's Blessing, Kristen E. Caverly

ACTEC Law Journal

No abstract provided.


The Four Horsemen And Estate Taxation, Jasper L. Cummings Jr. Mar 2016

The Four Horsemen And Estate Taxation, Jasper L. Cummings Jr.

ACTEC Law Journal

No abstract provided.


Helvering V. Clifford: The Supreme Court Spoils The Broth, Mark L. Ascher Mar 2016

Helvering V. Clifford: The Supreme Court Spoils The Broth, Mark L. Ascher

ACTEC Law Journal

No abstract provided.