Category Archives: News

Recent Tax News

2012 Gift & Estate Tax Decisions of Note

View in PDF:  Tax News & Comment — February 2013 2012 Gift & Estate Tax Decisions of Note I.    Formula Clauses The Tax Court in Wandry v. Com’r, T.C. Memo 2012-88, nonacq., 2012-46 I.R.B. upheld a defined value clause containing … Continue reading

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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

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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

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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

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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

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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

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Recent IRS Developments

A.      Recent IRS Developments Field audits of taxpayers with incomes exceeding $200,000 rose 34 percent in fiscal 2011 to 78,392. IRS Deputy Commissioner Steve Miller stated that “[w]e are looking more at taxpayers at these income levels because we … Continue reading

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From Washington — Recent Developments, August 2011

VIEW IN PDF: Tax News & Comment — August 2011 A bipartisan deficit-reduction panel is considering ending the preferential tax treatment of capital gains. Although not explicitly mentioned in the plan which is now being considered in the Senate, the … 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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House Passes $56 Billion “Tax Extenders” Bill

The House, on May 29, by a vote of 215-204, approved a $56 billion tax bill, the “American Jobs and Closing Tax Loopholes Act”. The Senate has already approved a similar measure. President Obama is expected to sign the bill. … Continue reading

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NYS Department of Taxation and Finance Announces It Will Allow Separate QTIP Election

In certain cases, an estate is required to file a return for New York State estate tax but is not required to file a federal return. This may occur if there is no federal estate tax in effect on the decedent’s date of death or if the decedent died while the federal estate tax was in effect but the value of his or her gross estate was too low to require the filing of a federal estate tax return. In either instance, and if applicable, the estate may still elect to take a marital deduction for Qualified Terminal Interest Property (QTIP) on a pro-forma federal estate tax return that is attached to the New York State estate tax return. Continue reading

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Asset Protection Seminar: July 27, 2010 in Lake Success, NY

Download Seminar Invitation:  Asset Protection Seminar Invitation I would like to register for the July 27, 2010 Asset Protection Seminar:

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Distributable Net Income and Income in Respect of a Decedent

In general, any distribution of income or principal by an estate will cause the beneficiary to be taxed to the extent of the lesser of (i) the estate’s “distributable net income” (DNI) or (ii) the amount of the distribution. Estate income is said to be “carried out” to the beneficiary. Capital gains are an exception. Since they are allocated to corpus and are not distributed to beneficiaries currently, they are generally excluded from DNI. Continue reading

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Revision of New York Power of Attorney Law Takes Effect

Effective 9/1/09, NY General Obligations Law §5-1501, which governs the content and execution of powers of attorney, was revised and amended. Powers executed prior this date remain valid, but are subject to the amended statute. Continue reading

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ASSET PROTECTION: ETHICAL CONSIDERATIONS

New York County Surrogates Court, in In re Joseph Heller Inter Vivos Trust, 613 N.Y.S.2d 809 (1994), approving a trustee’s application to sever an inter vivos trust to “insulate[] the trust’s substantial cash and securities from potential creditor’s claims that could arise from the trust’s real property, observed that “New York law recognizes the right of individuals to arrange their affairs so as to limited their liability to creditors, including the holding of assets in corporate form . . . making irrevocable transfers of their assets, outright or in trust, as long as such transfers are not in fraud of existing creditors.” Continue reading

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