Category Archives: Uncategorized

Tax News & Comment — April 2011

View Issue: Tax News & Comment — April 2011 pril 14, 2011 I. ESTATE TAX RETURNS Calculation and remittance of federal and NYS estate tax is of primary concern in administering an estate. An estate tax return must be filed … Continue reading

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2010 Tax Outlook

© 2010 Law Offices of David L. Silverman, J.D., LL.M, Lake Success,  NY  11042   (516) 466-5900 2010 Tax Outlook For PDF version, press here:  PFD file I.    Proposals From the White House President Obama favors permanently extending tax cuts enacted … Continue reading

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2009 Gift & Estate Tax Decisions of Note

2009 Gift & Estate Tax Decisions of Note

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2009 Decisions and Rulings Under IRC Section 1031

2009 Decisions and Rulings Under IRC Section 1031
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Tax and Estate Planning with S Corporations

A.     Introduction Although LLCs and partnerships possess attractive tax attributes, the fact remains that in 2004, 48.1 percent more returns were filed by S corporations than were filed by entities taxed as partnerships. An S corporation is a domestic small … Continue reading

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Senators McCain and Obama Offer Differing Tax Visions

Senators McCain and Obama offer starkly differing tax philosophies. Mr. Obama favors a middle-class tax cut but not “a permanent tax cut for Americans who don’t need them.” Citing the inequity of  hedge fund managers who pay less tax than … Continue reading

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Unanimous Supreme Court Bars Tax Refund Suit

Reversing the Court of Federal Claims, the Supreme Court held that the Claims Court was without jurisdiction to hear the taxpayer’s refund claim since the taxpayer had not complied with refund procedures articulated in the Internal Revenue Code. U.S. v. … Continue reading

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Recent IRS Developments — June 2008

Steven T. Miller, Commissioner of the IRS Tax Exempt and Government Entities Division, stated that the IRS will ensure that charities are furthering a charitable purpose in a manner commensurate with their financial resources. Public charities, unlike private foundations, are … Continue reading

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Recent IRS Developments — July 2009

IRS Commissioner Douglas Shulman announced at the National Press Club on April 13 that the IRS wants to provide “tangible relief to taxpayers in distress while also helping others from straying across the line into non-compliance.  Mr. Shulman stated that … Continue reading

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Federal District Court Vitiates DTA Determination

The federal district court for the Northern District of New York vanquished a decision of the Tax Appeals Tribunal by holding that the imposition of a $150 per carton penalty under Tax Law Section 481(1)(b)(i) for contraband cigarettes imposed by the NYS Department of Taxation and Finance following the taxpayer’s conviction and payment of restitution for the same offense under Tax Law Section 1814 violated the Fifth Amendment’s Double Jeopardy Clause. Continue reading

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Senate Approves Tax Extenders Bill

Friday, March 12, 2010 US Senate Finance Committee Chairman Max Baucus (D – Mont.) has applauded the Senate’s passage of legislation to extend tax cuts, unemployment insurance benefits and eligibility for unemployment benefits and health care for unemployed workers through the end of 2010. The American Workers, State and Business Relief Act, introduced by Baucus last week and passed by the Senate on March 10, extends unemployment insurance benefits and eligibility for the 65% COBRA health care tax credit through December 31, 2010. The COBRA tax credit helps workers who have lost their jobs continue to afford health insurance through the Consolidated Omnibus Budget Reconciliation Act. The legislation also retroactively extends tax cuts for middle‐class families and businesses that expired at the end of 2009, including, for businesses:

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