Tax Court Sends Message On Valuation In Richmond,
2014
Saint Louis University School of Law
Tax Court Sends Message On Valuation In Richmond, Kerry A. Ryan
All Faculty Scholarship
In Estate of Helen P. Richmond, the Tax Court determined the proper value for estate tax purposes of a minority interest in a family-owned corporation holding mostly appreciated securities. The court also sustained an accuracy-related penalty against the estate, finding that it used an unsigned draft report by a noncertified appraiser as the basis for the stock valuation reported on Form 706.
Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction,
2014
Benjamin N. Cardozo School of Law
Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky
Articles
The Buffett-Gates Giving Pledge, under which wealthy individuals promise to leave a majority of their assets to charity, is an admirable effort to encourage philanthropy. However, the Pledge requires us to confront the paradox that the federal estate tax charitable deduction is unlimited while the federal income tax charitable deduction is capped. If a Giving Pledger leaves his wealth to charity, the federal fisc loses significant revenue since the Pledger thereby avoids federal estate taxation as charitable bequests are deductible without limit for federal estate tax purposes. Despite its laudable qualities, the Giving Pledge is a systematic (albeit inadvertent) threat …
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97,
2013
Nevada Law Journal
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether NRS 164.010(1) and NRS 164.015(6) give the court in rem jurisdiction to impose a constructive trust on previous trust property; and (2) whether a district court may grant a monetary judgment against former trustees and third parties that was based on the district court’s in rem jurisdiction.
Front Matter,
2013
Maurice A. Deane School of Law at Hofstra University
Ira Administration For High Net Worth Clients And Their Beneficiaries -- Unique Challenges And Best Practices For Financial Institutions,
2013
Maurice A. Deane School of Law at Hofstra University
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.
Killing Your Chances Of Inheriting: The Problem With The Application Of The Slayer Statute To Cases Of Assisted Suicide,
2013
Maurice A. Deane School of Law at Hofstra University
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.
How To Draft Trusts To Own Retirement Benefits,
2013
Maurice A. Deane School of Law at Hofstra University
How To Draft Trusts To Own Retirement Benefits, Keith A. Herman
ACTEC Law Journal
No abstract provided.
The Intermediary Clat Alternative To The Residuary Estate Family Foundation Gift,
2013
Maurice A. Deane School of Law at Hofstra University
The Intermediary Clat Alternative To The Residuary Estate Family Foundation Gift, Richard S. Franklin, Jennifer A. Birchfield Goode
ACTEC Law Journal
No abstract provided.
Eliminate State Tax On Trust Income: A Comprehensive Update On Planning With Incomplete Gift Non-Grantor Trusts,
2013
Maurice A. Deane School of Law at Hofstra University
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. …
State Taxation Of Trusts And Their Beneficiaries When There Are Multiple State Contacts,
2013
Maurice A. Deane School of Law at Hofstra University
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 …
Wills, Trusts, Guardianships, And Fiduciary Administration,
2013
Mercer University School of Law
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from June 1, 2012 through May 31, 2013 pertaining to Georgia fiduciary law and estate planning.
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92,
2013
Nevada Law Journal
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit
Nevada Supreme Court Summaries
The Court determined one issue: (1) whether, in the absence of a presumption of undue influence, a will contestant bears the burden of proving undue influence by a preponderance of the evidence.
Page, Leonard, 1762-1836 (Sc 1191),
2013
Western Kentucky University
Page, Leonard, 1762-1836 (Sc 1191), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid only for Manuscripts Small Collection 1191. Receipts and sundry papers related to the estate of Leonard Page of Logan County, Kentucky.
Wills, Trusts, And Estates,
2013
Hunton & Williams, L.L.P., Richmond, Virginia
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Washington Trust Laws' Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation,
2013
University of Washington School of Law
Washington Trust Laws' Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Washington Law Review
Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.
Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation,
2013
University of Washington School of Law
Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Articles
Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.
Graev: Conditional Facade Easement,
2013
University of Baltimore School of Law
Graev: Conditional Facade Easement, Wendy G. Gerzog
All Faculty Scholarship
In Graev v. Commissioner, the Tax Court decided whether the taxpayers’ donations of a facade easement and cash contributions were conditional gifts and therefore disallowable as charitable deductions under the requirements of the regulations. The court reviewed the facts to determine whether the condition was allowed because it was “so remote as to be negligible.” The taxpayers argued that case law at the time of the donation allowed for a donation of between 10 and 15 percent of the value of the property, and that they had deducted a value constituting 11 percent of the property’s appraised value; that the …
Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests ,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests , Margaret Ryznar, Angelique Devaux
Nevada Law Journal
No abstract provided.
Koons: Interest Deduction And Flp Valuation Practice Pointers,
2013
University of Baltimore School of Law
Koons: Interest Deduction And Flp Valuation Practice Pointers, Wendy G. Gerzog
All Faculty Scholarship
The Tax Court's Koons decision explains the rules for allowing an estate to deduct interest payments, and it details how the court arrived at a determination of the value of a family limited liability company interest.
Trusts & Estates Law—Trust Protectors—Increasing Trust Flexibility And Security While Decreasing Uncertainty Of Liabilities For Doing So: How Amending Ark. Code Ann. § 28-73-808 To Better Conform With The Modern Trend Of Clarifying Trust Protection Could Effectively End The Fiduciary Guessing Game In Arkansas,
2013
University of Arkansas Little Rock
Trusts & Estates Law—Trust Protectors—Increasing Trust Flexibility And Security While Decreasing Uncertainty Of Liabilities For Doing So: How Amending Ark. Code Ann. § 28-73-808 To Better Conform With The Modern Trend Of Clarifying Trust Protection Could Effectively End The Fiduciary Guessing Game In Arkansas, J. Andy Marshall
University of Arkansas at Little Rock Law Review
No abstract provided.
