Daily Archives: May 3, 2013

2012 Treasury Report on Social Security & Medicare

I.  Introduction.  Treasury’s 2012 Report to Congress on the financial health of Social Security and Medicare emphasized that Americans are living longer and that the number of retirees is growing. This is placing pressure on Social Security, which is projected … Continue reading

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Tax News & Comment — May 2013

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Tax Planning For Divorce

   I.   Introduction.  In an action for divorce, property is subject to “equitable distribution” pursuant to Domestic Relations Law (DRL) §236. New York distinguishes between “marital” property, which is subject to equitable distribution, and “separate” property, which is not. The … Continue reading

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Executor and Trustee Commissions Under NY EPTL

I.   Executor Commissions.   Executors and Trustees are entitled to compensation for serving in their fiduciary capacity. The will or trust may provide a fee schedule or may provide for a waiver of fiduciary fees. If the will is silent or … Continue reading

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Elements of New York Tax Fraud

   Introduction.  Preparers of New York State corporate, income, employment and sales tax returns should be aware of strict criminal penalties that await their clients, and should also be aware that in extreme cases, tax professionals themselves could theoretically be … Continue reading

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Analysis of 2012 Fiduciary Decisions in Surrogates Court

  I.  Constructive Trusts & Powers of Attorney.    A “constructive trust” arises when equity intervenes to protect the rightful owner from the holder of legal title, where legal title was acquired through fraud, duress, undue influence, mistake, breach of fiduciary … Continue reading

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IRS Ruling Provides Basis for Asset Protection Trust in Nevada

I.    Tax & Asset Protection Benefits of PLR 201310002.   New York imposes among the highest level of income tax of all states. New York City residents pay even more tax for the privilege of residing there. Income is taxed to … Continue reading

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