Category Archives: Gift & Estate Tax Decisions of Note

From Federal Courts, NYS Courts & Tax Tribunals — Recent Developments & 2014 Decisions of Note

Posted on February 19, 2015 by David L. Silverman, J.D., LL.M. (Taxation)

I.     Disputes Involving Sales of Assets to Grantor Trusts Reach the Tax Court In Estate of Woelbing v. Com’r, Docket No. 30261-13, filed on December 26, 2013, the IRS made several arguments seeking to negate the tax benefit sales of … Continue reading →

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IRS & NYS DTF Matters: Recent Developments & 2013 Regs. & Rulings of Note

Posted on February 16, 2014 by David L. Silverman, J.D., LL.M. (Taxation)

I.      IRS Matters Final Regulations For Health Insurance As of January 1, IRC § 5000A requires that all “non-exempt” individuals obtain “minimum essential healthcare coverage.” Final regulations governing penalties for noncompliance have been issued. (T.D. 9632). The regulations provide, inter … Continue reading →

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2012 Gift & Estate Tax Decisions of Note

Posted on February 14, 2013 by David L. Silverman, J.D., LL.M. (Taxation)

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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Tax Court Defies IRS: Expands Use of Defined Value Clauses

Posted on October 9, 2012 by David L. Silverman, J.D., LL.M. (Taxation)

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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2011 Tax and Estate Planning Decisions of Note

Posted on July 22, 2012 by David L. Silverman, J.D., LL.M. (Taxation)

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 →

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Tax Court Holds Single Member LLC Not Ignored for Gift Tax Purposes

Posted on March 23, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

Pierre v. Com’r, 133 T.C. No. 2 (8/4/09) Continue reading →

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2007 Estate & Gift Tax Cases

Posted on March 15, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

The 11th Circuit, reversing the Tax Court, held that an estate properly reduced the value of the decedent’s interest in a company holding marketable securities by the company’s entire $51 million built-in capital gain tax liability. Estate of Jelke Est. … Continue reading →

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