Taxation-Federal Estate and Gift Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

Marital Versus Nonmarital Entitlements, Raymond C. O'Brien

ACTEC Law Journal

The percentage of adult couples living in intimate nonmarital cohabitation continues to increase. The period of cohabitation is most often for a short period of time and entered into for several reasons. But for a small percentage of these and an increasing percentage of longer-term cohabitants, dissolution during life or at death often results in the unjust enrichment of one party. This Article examines methods of redress. In piecemeal fashion, a variety of states enforce nonmarital agreements, written and oral, during lifetime, while some enforce equitable remedies. Very few states enforce contract or equity remedies at death.

The paucity of …

Gifts In Contemplation Of Death: Why Can't Section 2035 Simply Die?, Stephanie J. Willbanks

ACTEC Law Journal

Income and wealth inequality has become a popular topic. There are a myriad of ways to reduce such inequality utilizing the tax system, either the income tax or the transfer taxes. Revitalizing the estate tax by reducing the exemption amount and adjusting the rate structure would reduce inequality. Much has been written about the viability of the estate tax and possible alternatives. This article does not revisit that analysis. Instead, it assumes that the estate tax will remain a viable component of the overall tax system. It analyzes one small segment of the estate tax – §2035 – and argues …

The Rich, Lucas A. Santos

English Department: Research for Change - Wicked Problems in Our World

The rise of the super rich dramatically rose in the 1980’s. The once dominant oil and gas sector was taken over by finance and technology overall. We are able to see a rise of these super rich, or the one percent, and even how quickly they were able to recover from the 2008 Recession. Now, the one percent are making continuous substantial gains in a current world, where a pandemic has struck and many are struggling. I talk about the use of public policy in order to regain this economic gap between the one percent and the rest of the …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Mandatory Tax Penalty Insurance, Michael Abramowicz

Indiana Law Journal

In a mandatory tax penalty insurance regime, taxpayers would be required to find insurers to certify portions of their tax returns. A certifying insurer would be subject to a governmental auditing regime insurers of randomly selected filings would pay an amount equal to the inverse of the selection probability multiplied by the underpayment, or they would receive money from the government in the case of overpayment. The insurers function as private auditors with no incentive to underestimate their customers' tax liability. Such a regime will consume real resources, ultimately paid by taxpayers, and thus should not be imposed universally. But …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

A Safe Harbor In The Medicaid Adventure: Lady Bird And Transfer On Death Deeds, Gerry W. Beyer

ACTEC Law Journal

No abstract provided.

Et Tu Counselor? Fiduciary's Attorneys' Ethical Duty To The Vulnerable, Richard J. Goralewicz

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Changing Demographics, Elder Law, And Trusts And Estates, Naomi Cahn

ACTEC Law Journal

No abstract provided.

Trusts In Guardianship: Using "Family Freeze" Agreements To Resolve Disputes, Gerard G. Brew

ACTEC Law Journal

No abstract provided.

Serving The Greater Good: Ethical Considerations In Representation Of The Older Population, Jeffrey L. Carson, Brook H. Lester

ACTEC Law Journal

No abstract provided.

Medical And Legal Implications Of Impaired Financial Capacity In Aging And Dementia, Edmund W. Granski Jr., Milap A. Nowrangi

ACTEC Law Journal

No abstract provided.

Going The Distance: How Increased Client Contact Can Benefit Clients And Their Attorneys, Ashleigh Gough

ACTEC Law Journal

No abstract provided.

Little Red Riding Hood Or The Wolf: How Far Can An Agent Reach Into Grandmother's Pocketbook?, Erica E. Lord

ACTEC Law Journal

No abstract provided.

Appropriate Housing For Older Clients, Lawrence A. Frolik

ACTEC Law Journal

No abstract provided.

Medicaid Estate Recovery: Friend Or Foe?, Lisa M. Neeley

ACTEC Law Journal

No abstract provided.

The Growth And Business Of Elder Law, Brian Andrew Tully

ACTEC Law Journal

No abstract provided.

Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

ACTEC Law Journal

No abstract provided.

Safeguarding A Will: Will Deposit Statutes, Alberto B. Lopez

ACTEC Law Journal

No abstract provided.

Estate Planning For Retirement Benefits After The Secure Act, Richard L. Kaplan

ACTEC Law Journal

This brief essay examines one of the most significant intersections of Elder Law and Trusts & Estates – namely, distributions from defined contribution retirement plans after the participant dies. Particular attention is paid to recently enacted statutory changes, including the end of so-called “stretch IRAs,” which allowed non-spouse beneficiaries to spread withdrawals from inherited retirement accounts over their lifetimes. This essay also addresses strategic considerations in designating beneficiaries for such accounts.

Elder Law: Introduction, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.

Rethinking The Estate Planning Curriculum, Jeffrey A. Cooper

ACTEC Law Journal

As a result of recent changes in Federal estate tax law, fewer and fewer clients need sophisticated estate tax planning. Many lawyers are thus spending less time acting as estate tax planners and instead deploying different skills and expertise.

In this brief article, I explore the extent to which law schools are rethinking their curricula as a result. The discussion proceeds in two parts. First, I discuss the curricular changes I have overseen at the law school at which I teach, setting out both the changes made and the assumptions underlying them. Second, relying on a brief survey of other …

Covid-19 And Its Impact On America's Retirement System, David English

ACTEC Law Journal

No abstract provided.

Substituted Judgment - How Do You Prove What An Incapacitated Person Would Want?, Eric Virgil

ACTEC Law Journal

No abstract provided.

Decanting Snts: Preserving Ssi Eligibility By Avoiding Early Termination Policy, Amy J. Fanzlaw

ACTEC Law Journal

No abstract provided.

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

The Contemporary Tax Journal

No abstract provided.

Basis And Bargain Sales: Income Tax And Other Concerns, Bridget J. Crawford, Jonathan G. Blattmachr

Elisabeth Haub School of Law Faculty Publications

In this article, the authors explain the income tax consequences of the sale during lifetime and at death of property for less than fair market value. The authors focus in particular on the tax consequences of a bargain sale by a transferor who wishes to confer some financial benefit on a family member, but leave the rest of her estate to charity. Generally speaking, death-time bargain sales may be preferable to similar transactions during lifetime, if the assets have a low basis pre-death, because of the step up in income tax basis under section 1014. The authors also discuss in …

Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage

Articles by Maurer Faculty

The federal government should be providing states and localities with hundreds of billions of dollars in aid. The arguments against such aid, including the claim that the states have somehow been profligate, do not stand up to scrutiny. Nevertheless, it seems unlikely that the federal government will do enough, and it is already the case that the federal government is acting too slowly. States and local governments, which generally operate under balanced budget constraints, are, accordingly, already making sweeping cuts4 that will deepen the recession and reduce services when they are most needed.

Rather than make these cuts, it would …