-
Articles & Seminar Materials
- June 5 NYS Tax Litigation Seminar: Completion Certificate June 2, 2025
- June 5 NYS Tax Litigation Seminar — Outline May 31, 2025
- June 5 Tax Litigation Seminar — Supplementary Materials May 14, 2025
- 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
- Webinar Recording of 1031 Final Regulations Seminar January 16, 2025
-
Natural Language Search
Search by Category
Most Popular
- Welcome
- Executor and Trustee Commissions Under NY EPTL
- Rev. Rul. 85-13: Is There a Limit to Disregarding Disregarded Entities?
- Living Wills
- Tax and Legal Issues Arising In Connection With the Preparation of the Federal Gift Tax Return, Form 709 -- Treatise
- 2002 Regs., IRS Rulings & Pronouncements
- Planning for Family-Owned Business (QFOBI -- November 1999)
- Declaratory Relief Against the Department of Taxation
- Article 78 Appeals to Appellate Division, Third Department
- Tax Planning For Divorce
Category Archives: Estate Planning
Marital Deduction Planning
By making a QTIP election, the Executor will enable the decedent’s estate to claim a full marital deduction. To qualify, the trust must provide that the surviving spouse be entitled to all income, paid at least annually, and that no person may have the power, exercisable during the surviving spouse’s life, to appoint the property to anyone other than the surviving spouse. Since the Executor may request a 6 month extension for filing the estate tax return, the Executor in effect has 15 months in which to determine whether to make the QTIP election. Continue reading
Estate Planning Synopsis
The level of sophistication of estate plans varies with the size and complexity of an individual’s estate. A carefully drafted Will or revocable inter vivos trust is the starting point for many estate plans. Continue reading
Posted in Estate Planning
Tagged estate planning, estate tax, intestacy, marital deduction, probate, trusts, wills
Leave a comment
Life Insurance Trusts Mitigate Estate Tax Uncertainties
To view printer-friendly Memorandum, press here: Life Insurance Trusts Mitigate Estate Tax Uncertainties.wpd Irrevocable life insurance trusts (ILITs) enjoy vastly preferential status under the income and transfer tax laws. Properly structured, proceeds are not included in the insured’s gross estate. … Continue reading
The IRC § 2036 Trap in Planning With FLPs & Grantor Trusts
Printer-friendly PDF Memorandum: The IRC § 2036 Trap in Planning With FLPs & Grantor Trusts.wpd The IRS has advanced many theories to challenge the gift and estate tax savings occasioned by the use of family entities and grantor trusts in … Continue reading
Posted in Family Entities
Tagged applicable exclusion amount, estate planning, estate tax, gift tax, gross estate, IRC § 2036, irs
Leave a comment
FAMILY DISCOUNT ENTITIES: INCOME TAX CONSIDERATIONS
FLPs (and LLCs) are ideal holding entities for family assets since fractional discounts yield substantial transfer tax savings. While the income tax treatment of asset transfers to and from these “flow thru” entities is generally placid, income tax planning should not be relegated to a mere afterthought. Continue reading
Negotiating the Generaton-Skipping Tax
The Generation-Skipping Transfer (GST) tax thwarts multigenerational transfers of wealth by imposing a transfer tax “toll” at each generational level. Prior to its enactment, beneficiaries of multigenerational trusts were granted lifetime interests of income or principal, or use of trust assets, but those lifetime interests never rose to the level of ownership. Thus, it was possible for the trust to avoid imposition of gift or estate tax indefinitely. Continue reading
Delaware Dynasty Trusts
Traditionally, trusts were viewed primarily as a means to protect immature or dysfunctional beneficiaries from themselves. Traditional trusts typically terminated when a minor child attained a certain age. Dynasty Trusts, on the other hand, seek to maximize all of the benefits of the trust arrangement, which include asset protection and tax savings, as well as the traditional objective of protecting immature or spendthrift persons. In fact, the Dynasty Trust can serve as the centerpiece of an estate plan. Continue reading
The Continued Importance of Gift & Estate Tax Planning
Although the estate tax is repealed effective January 1, 2010, fiscal considerations may cause Congress to “repeal the repeal” allowing the estate tax to remain, albeit with a higher applicable exclusion amount, perhaps $3.5 million. Time-tested estate tax planning techniques … Continue reading
Posted in Estate Planning, Gift Tax Planning
Leave a comment
Death-Terminating Installment Notes Held to Generate Taxable Income
The Court of Appeals for the 8th Circuit, affirming the decision of a divided Tax Court, has found that installment notes which terminate upon the death of the obligee generate taxable income to his estate. Frane v. Commissioner, 93-2 USTC … Continue reading
Posted in Federal Income Tax, Installment Reporting, SCINs
Leave a comment
Life Insurance Trusts
Life insurance can be an invaluable estate planning tool. It can provide a broad measure of financial security for loved ones as well as provide the liquidity necessary to meet tax and other estate settlement obligations. Ownership of a life … Continue reading
Posted in Life Insurance Trusts, Trusts
Leave a comment
Inter Vivos Trusts
As a testamentary instrument, the living trust possesses attractive attributes, especially for elderly testators. For younger persons, the will is generally preferable as a testamentary device. Property placed in a will passes automatically into the probate estate, where it may … Continue reading
Posted in Estate Planning, Inter Vivos Trusts, Trusts
Leave a comment
Defining the Scope of Trustee Powers
A. Introduction Early predecessors of modern trusts appeared in connection with land conveyances in England. Prior to the Statute of Wills, enacted by Parliament in 1540, it was impossible for a landowner to devise title in land to heirs. Moreover, … Continue reading
Posted in Estate Planning, Trustees, Trusts
Leave a comment
Tax Court Holds Single Member LLC Not Ignored for Gift Tax Purposes
Pierre v. Com’r, 133 T.C. No. 2 (8/4/09) Continue reading →