Taxation-Federal Estate and Gift Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

The Problem Of Replacement Property In The Law Of Ademption, Nicole M. Paschoal

ACTEC Law Journal

No abstract provided.

The Prudence Of Passivity: An Argument For Default Passive Management In Trust Investing, Bryon W. Harmon Esq., Laura A. Fisher Esq.

ACTEC Law Journal

Trustees, like all investors, are exposed to a wide-ranging marketplace of investment vehicles, techniques, strategies, and theories. Trustees have a threshold choice to make with respect to the manner in which trust assets are to be invested. Active Management -- historically, a conventional approach -- aims to "beat the market" and surpass benchmark returns by picking and choosing among individual securities based on the trustee's determination that they are mispriced (i.e. undervalued) and/or by timing transactions based on forecasting. Alternatively, trustees may choose to simply invest in and own entire markets, or asset classes, and accept overall market returns by …

Am I My Brother's Keeper: Willful Misconduct And The Directed Trustee Under The Uniform Directed Trust Act, Jane Ditelberg

ACTEC Law Journal

No abstract provided.

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

ACTEC Law Journal

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Superficial Proxies For Simplicity In Tax Law, Emily Cauble

University of Richmond Law Review

Simplification of tax law is complicated. Yet, political rhetoric surrounding tax simplification often focuses on simplistic, superficial indicators of complexity in tax law such as word counts, page counts, number of regulations, and similar quantitative metrics. This preoccupation with the volume of enacted law often results in law that is more complex in a real sense. Achieving real simplification—a reduction in costs faced by taxpayers at various stages in the tax planning, tax compliance, and tax enforcement process—often requires enacting more law, not less. In addition, conceptualizing simplicity in simplistic terms can leave the public vulnerable to policies advanced under …

The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Introduction to Symposium on Feminist Judgments: Rewritten Tax Opinions.

Front Matter

ACTEC Law Journal

No abstract provided.

Change Is Constant In Estate Planning: Reflections Of An Actec Law Journal Editor, Bridget J. Crawford

ACTEC Law Journal

No abstract provided.

Discretionary Trusts: An Update, Richard C. Ausness

ACTEC Law Journal

In the past, settlors tended to limit a trustee's discretion by setting forth a specific formula for the distribution of trust assets. Nowadays, however, settlors often prefer to vest more discretion in their trustees. This is partly due to the fact that beneficiaries tend to live longer and, therefore, trusts inevitably last longer, thereby requiring trustees to respond to changing conditions. In addition, settlors often believe that vesting increased discretion on the part of trustees will discourage beneficiaries from bringing expensive and disruptive challenges to their decisions.

Nevertheless, the trend toward increased discretion is not without its problems. First of …

Et Tu (A)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, Eric Fischer

ACTEC Law Journal

No abstract provided.

Powell And Section 2036: Our Reply, Mitchell M. Gans, Jonathan G. Blattmachr

ACTEC Law Journal

No abstract provided.

A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman

ACTEC Law Journal

No abstract provided.

Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack

ACTEC Law Journal

No abstract provided.

Response: A Modern Assessment Of Intestacy Law, James G. Pressly Jr., J. Grier Pressly Iii

ACTEC Law Journal

No abstract provided.

A Response To Democracy And Trusts, Jake Calvert

ACTEC Law Journal

No abstract provided.

Commentary, Ronald H. Jensen

ACTEC Law Journal

No abstract provided.

The New York Revised Statutes' Trust Code And The Path Of The Common Law, Alfred L. Brophy

ACTEC Law Journal

No abstract provided.

Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.

ACTEC Law Journal

The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …

Intestacy, Wills, And Intent: A Short Comment On Wright & Sterner, David Horton

ACTEC Law Journal

No abstract provided.

"Undemocratic" Trusts And The Numerus Clausus Principle, E. Gary Spitko

ACTEC Law Journal

In Democracy and Trusts, Professor Carla Spivack argues that, pursuant to the numerus clausus principle, a court is empowered to impair legislation authorizing a certain trust form where the legislation was not the product of "democratic decision-making." This imaginative claim is predicated upon two antecedent claims. First, Professor Spivack argues that the numerus clausus principle should apply to equitable interests. Second, she argues that the numerus clausus principle does not invest legislatures with the sole authority to determine allowable property forms; rather, courts also have an important role to play in composing the list of property forms. This review essay …

Elegy, William P. Lapiana

ACTEC Law Journal

No abstract provided.

Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner

ACTEC Law Journal

No abstract provided.

Elaine Gagliardi On The Family Limited Partnership In 2018: Powell, Cahill, And Income Tax Basis At Death, Elaine H. Gagliardi

Faculty Journal Articles & Other Writings

The Tax Court’s 2017 holding in Estate of Powell v. Commissioner1 followed by its 2018 decision in Estate of Cahill v. Commissioner,2 signals a need to rethink how best to structure the family limited partnership and the terms of the partnership agreement. In a shift away from its historical approach to analyzing gross estate inclusion of family limited partnership assets, the Powell court endorses application of Section 2036(a)(2)3 to include the value of partnership assets in decedent’s gross estate, and in an unprecedented step employs Section 2043 to determine the value of family limited partnership assets includible in the gross …

Taxation, Craig G. Bell, Michael H. Brady

University of Richmond Law Review

This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its sections cover legislative activity, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year.

A Historical Examination Of The Constitutionality Of The Federal Estate Tax, Henry Lowenstein, Kathryn Kisska-Schulze

William & Mary Bill of Rights Journal

No abstract provided.

The Republic Of Virtue: The Republican Ideal In British And American Property Law, Maxwell M. Garnaat

Cornell International Law Journal

As the estate tax comes under increasing pressure from all sides, it is important that we determine just how rooted in American ideals such a measure truly is. On the one hand, it is true that Lockean theories of private property remain a stalwart influence on the nation, one which may be used to argue against the estate tax. On the other hand, however, the equally venerable theory of republicanism— one adopted and developed by the Framers themselves— can justify its continuation. Applying the principles of republicanism to this specific context, one can see how closely its tenets align with …

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

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal Volume 7, No. 2 – Summer 2018

The Contemporary Tax Journal

No abstract provided.