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Articles & Seminar Materials
- June 5 NYS Tax Litigation Seminar: Completion Certificate June 2, 2025
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- June 5 CPE Seminar: NYS Tax Litigation — Practice & Procedure April 28, 2025
- March 13 CPE Seminar: Supplementary Materials March 4, 2025
- Income Taxation of New York Trusts & 2025 Planning Strategies March 4, 2025
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Author Archives: David L. Silverman, J.D., LL.M. (Taxation)
Tax News & Comment — February 2013
View in PDF: Tax News & Comment — February 2013
Posted in Tax News & Comment
Tagged applicable exclusion amount, asset protection, asset protection trusts, credit shelter trust, estate attorney, estate planning, estate tax, gift tax, gross estate, GST, ILIT, irs, like kind exchange, marital deduction, New York decanting statute, new york estate tax, President Obama, probate, QTIP, tax attorney, tax lawyer, tax legislation, tax planning
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CPE Tax Seminar in Lake Success on January 10, 2013
The Law Office of David L. Silverman is pleased to announce that it is hosting a Like Kind Exchange seminar for Certified Public Accountants in Lake Success, New York on January 10, 2013. For those CPAs in attendance, 2.0 CPE … Continue reading
Tax News & Comment — October 2012
View in PDF: Tax News & Comment — October 2012
Historic Changes in Tax Law Appear Imminent — October 2012
View PDF of Article in Tax New & Comment — October 2012 HISTORIC CHANGES IN TAX LAW APPEAR IMMINENT — OCTOBER 2012 Barring a significant change in voter sentiment in Ohio, and to a lesser extent in Florida and Virginia, … Continue reading
Posted in From Washington, News, Tax News & Comment
Tagged 2012 presidential election taxes, Bush tax cuts, capital gains tax, Clinton taxes, congress 2012 taxes, dividends tax, estate attorney, Governor Romney taxes, medicare surtax, obama estate tax, Obama tax, President Obama taxes, Romeny tax, romney estate tax, sunset bush tax cuts, tax attorney, tax lawyer
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Tax News & Comment — October 2012
View in PDF: Tax News & Comment — October 2012
Posted in Tax News & Comment
Tagged 1031, applicable exclusion amount, asset protection, asset protection trusts, carryover basis, Congress, credit shelter trust, Delaware Asset Protection Trust, division of tax appeals, estate attorney, estate planning, estate tax, form 709, gift tax, gross estate, GST, income tax, Obama taxes, surviving spouse, tax appeals tribunal, tax attorney, tax lawyer, tax legislation, tax planning
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Recent IRS Developments — October 2012
View Article in Tax News & Comment — October 2012 RECENT IRS DEVELOPMENTS – OCTOBER 2012 Over 50 million Americans are now filing tax returns showing no income tax liability. This represents approximately 35 percent of all personal income tax … Continue reading
Posted in IRS Matters, News, Tax News & Comment
Tagged abusive tax strategies nys, automated audit procedures, estate attorney, expatriation for tax reasons, fraudulent tax retunds, IRS news 2012, IRS Report by Taxpayer Advocate, June 2012 taxpayer advocate report, offshore voluntary disclosure program, tax attorney, tax lawyer, tax relief hurricane isaac, tax returns showing no liability, taxpayer assistance orders
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Tax Court Defies IRS: Expands Use of Defined Value Clauses
View Article in Tax News & Comment — October 2012 TAX COURT DEFIES IRS: EXPANDS USE OF DEFINED VALUE CLAUSES The recent loss by the IRS in the Tax Court case Wandry v. Com’r, T.C. Memo 2012-88, added to the … Continue reading
Posted in Defined Value Clauses, Estate Planning, From the Courts, Gift & Estate Tax Decisions of Note, News, Tax Decisions, Tax News & Comment
Tagged christiansen v. commissioner, defined value clauses, estate attorney, formula clauses, formula clauses adjusting transfer, formulas that define consideration, formulas that define transers, IRS revaluation of gifts, mccord v. commissioner, petter v. commissioner, procter v. commissioner, proctor v. commissioner, tax attorney, tax lawyer, value of transferred property, wandry v. commissioner
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New York’s Revised Decanting Statute Under EPTL §10-6.6
View Article in PDF: New York’s Revised Decanting Statute Under EPTL §10-6-6 ESTATE PLANNING MEMORANDUM DATE: October 10, 2012 RE: New York’s Revised Decanting Statute Under EPTL §10-6-6 Under the Uniform Trust Code and EPTL §10-6.6, a noncharitable irrevocable … Continue reading
Posted in Decanting, Decanting, Estate Planning, Treatises, Trusts
Tagged changing trust situs, consolidate trusts, decanting new york trusts, eptl 10-6.6, EPTL 10-6.6(b), estate tax decanting, extend trust termination date, income tax decanting, modify trustee provisions, New York decanting statute, tax implications of decanting
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Tax and Non-Tax Issues Involving Irrevocable Trusts
View Article in PDF in Tax News & Comment — October 2012 TAX AND NON-TAX ISSUES INVOLVING IRREVOCABLE TRUSTS I. Introduction Prior to the Statute of Wills, enacted by Parliament in 1540, it was impossible for a landowner to devise … Continue reading
Posted in Estate Planning, Federal Income Tax, Trusts
Tagged Ascertainable standard, asset protection, asset protection trusts, Chancery Courts, eptl 10-6.6, estate planning, health education and maintenance, Irrevocable trusts, irs notice 2011-11, New York decanting statute, spendthrift trusts, Statute of Wills, trust decanting, Trustee Discretion
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Income Tax Planning for New York Trusts
View PDF of Article in Tax News & Comment — October 2012 INCOME TAX PLANNING FOR NEW YORK TRUSTS I. Taxation of Resident Trusts “Resident” New York trusts which are not “grantor”” trusts must pay New York State fiduciary income … Continue reading
Posted in New York State Income Tax, Trusts
Tagged "one dollar rule", corpus of trust outside of NYS, inter vivos trust created by new york resident, New York nonresident trust, New York Resident Trust, New York Trust Taxation, NY Tax Law 605(b)(3)(D)(i), NYS exemption from trust income tax, Taylor v. NYS Tax Commission, testamentary trust under will of new york resident, TSB-A-10(4)
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Gain, Loss and Depreciation Issues in Like Kind Exchange
View PDF of Article in Tax News & Comment — October 2012 GAIN, LOSS, AND DEPRECIATION ISSUES IN LIKE KIND EXCHANGES [Note: Excerpted from Like Kind Exchanges of Real Estate Under IRC. §1031 (David L. Silverman, 3rd Ed.,1/11).View treatise at … Continue reading
Posted in Federal Income Tax, Like Kind Exchanges
Tagged "additional depreciation", 1031, blatt v. commissioner, boot gain, closing expenses in like kind exchange, cost segregation analysis, depreciation in 1031 exchange, depreciation in like kind exchange, hospital corporation of america, liabilities in like kind exchange, like kind exchange, qualified intermediary, Section 1031 gain, section 1245 recapture, Section 1250 depreciation recapture, Unrecaptured Section 1250 gain
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Legal Basis for Seeking Abatement of New York State Tax Penalties
To view printer-friendly Memorandum, press here: Legal Basis for Seeking Abatement of New York State Tax Penalties.wpd Legal Basis for Seeking Abatement of New York State Tax Penalties 20 NYCRR § 536.1(c), entitled “Penalties and interest,” provides for waiver of … Continue reading
2011 Tax and Estate Planning Decisions of Note
A. Issues Arising Under IRC §2036 An important objective in estate tax planning is to transfer of assets out of one’s taxable estate, while retaining a degree of beneficial enjoyment over the transferred property. Where the IRS believes too much … Continue reading
Tax News & Comment — February 2012
Tax News & Comment — February 2012
Posted in Tax News & Comment
Tagged applicable exclusion amount, asset protection, asset protection trusts, credit shelter trust, Delaware Asset Protection Trust, estate planning, gift tax, probate, QTIP election, statute of limitations, surviving spouse, tax appeals tribunal, tax legislation, tax planning
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2012 Taxpayer Relief Act & Tax Outlook for 2013
View in PDF: Tax News & Comment — February 2013 2012 Taxpayer Relief Act & Tax Outlook for 2013 I. Overview of Act On January 2, President Obama signed the American Taxpayer Relief Act of 2012 (the Act) into law, … Continue reading →