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- Table of Contents for May 18 Lecture Materials April 28, 2023
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- Tax News & Comment — April 2023 March 31, 2023
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- FROM WASHINGTON & ALBANY — Current Election Probabilities; Tax Plans of Trump and Clinton May 13, 2016
- FROM FEDERAL AND NYS COURTS: Recent Developments & 2015 Decisions of Note May 13, 2016
- IRS & NYS DTF MATTERS: Recent Developments & 2015 Regs. & Rulings of Note May 13, 2016
- Creating and Maintaining Flexibility in Wills and Trusts May 13, 2016
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- Executor and Trustee Commissions Under NY EPTL
- Legal Basis for Seeking Abatement of New York State Tax Penalties
- Letters Testamentary
- Register Now for May 18 Breakfast Seminar in Old Westbury. 2.5 CPE Credits for CPAs in Tax. Still time to register! See Table of Contents below. Click card to register online.
- Distributable Net Income and Income in Respect of a Decedent
- Gain, Loss and Depreciation Issues in Like Kind Exchange
- New York's Revised Decanting Statute Under EPTL §10-6.6
- Rev. Rul. 85-13: Is There a Limit to Disregarding Disregarded Entities?
- Defeating The Right of Election in EPTL § 5-1.1-A
- Challenging The Account of a Fiduciary
Tag Archives: Portability
Creating and Maintaining Flexibility in Wills and Trusts
The principal objective when drafting wills or trust agreements is to best effectuate the intent of the settlor or testator, while at the same time ensuring that the most advantageous tax and legal objectives are met. Since the will may … Continue reading
Posted in News
Tagged children born to future spouses, dispositioins per stirpes by representation, eptl 11-2.3, Exculpatory clauses in trusts, governing law trust provisions, HEMS asset protection, indemnification clauses in trusts, marital deduction, matter of rothko 401 N.Y.S.2d 449, non-beneficiaries' right to information, persona liability for actions of co-trustees, Portability, prudent investor act, prudent investor standard eptl 11-2.3(b), Prudent Person standard, qualified disclaimers nys, sample will tax provision, scope of trustee discretion, single signatory, survivorship and gst issues in trusts, trust annual accounting NYS, trust decanting, trustee "hold back" provision, trustee discretion health education maintenance and support, trustee has absolute discretion, trustee has discretion limited to an ascertainable standard, Trustee HEMS, trustee incapacity, trusts and s corporations
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IRS & NYS DTF Matters; Recent Developments & 2014 Regs. & Rulings of Note
I. New York State Matters NYS Amends Estate & Gift Tax Beginning April 1, 2014, the NYS estate exemption will increase every 12 months through 2017. On April 1, 2014, the NYS exemption became $2.0625; on April 1, 2015, $3.125 … Continue reading
Posted in Estate Planning, Federal Gift Tax, Federal Income Tax, Grantor Trusts, Income Taxation of Nongrantor trusts, Portability
Tagged asset sales to grantor trusts, final regs on portability, final regs on section 67(a), last deceased spouse, new york "throwback" rule for trusts, New York Amendments to Gift and Estate Tax, New York estate tax exemption, new york obviates grantor trusts, New York portability, new york trust changes, new york's "cliff" estate rule, plr 20130002 new york, Portability, qtip contingency plr 20140011, relief from late portability elections, Taylor v. NYS Tax Commission
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Tax News & Comment — August 2014
Posted in News, Tax News & Comment
Tagged 1031, 1031 exchange, applicable exclusion amount, boot gain, Congress, division of tax appeals, estate planning, estate tax, irs, irs emails, like kind exchange, new york estate tax, new york tax update, Portability, President Obama, tax appeals tribunal, tax attorney, tax lawyer, tax legislation, tax planning, throwback rule
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Rev. Rul. 85-13: Is There a Limit to Disregarding Disregarded Entities?
I. Introduction Although the federal estate tax is not extinct, with the combined marital exemption now north of $10 million, it is an endangered species. Recently, Governor Cuomo signaled his intent — likely to be affirmed by State Republicans — … Continue reading
Posted in Asset Sales to Grantor Trusts, Estate Planning
Tagged defective grantor trusts, disregarded entities, estate planning, federal estate tax exemption, grantor trusts, IRC section 675, irc section 675(4)(C), nongrantor trust, nys estate tax, Portability, qprts purchase residence, Revenue Ruling 85-13, sales to defective grantor trusts, sales to grantor trusts, substitution power
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Portability of Estate Tax Exclusion — Did Congress Guild the Lily?
View in PDF: Tax News & Comment — February 2013 I. Introduction As part of the 2010 Tax Act, Congress enacted a statute allowing a surviving spouse to utilize the unused portion of the predeceasing spouse’s lifetime estate tax … Continue reading
Posted in Estate Planning, Gift Tax Planning, Lifetime Exclusion, Portability
Tagged advantages of portability, applicable exclusion amount, credit shelter trust, credit shelter trust vs. portability, deceased spousal exclusion amount, disadvantages of portability, DSUE, electing portability, estate attorney, estate planning, estate tax, estate tax exclusion, estate tax return, gift tax, gross estate, GST, ILIT, IRS estate tax audits, new york estate tax, Portability, QTIP election, QTIP Trust, tax attorney, tax lawyer
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Portability of Estate Tax Exclusion — Did Congress Guild the Lily?
View in PDF: Tax News & Comment — February 2013 I. Introduction As part of the 2010 Tax Act, Congress enacted a statute allowing a surviving spouse to utilize the unused portion of the predeceasing spouse’s lifetime estate tax … Continue reading
Posted in Estate Planning, Lifetime Exclusion, Portability
Tagged advantages of portability, applicable exclusion amount, credit shelter trust, credit shelter trust vs. portability, deceased spousal exclusion amount, disadvantages of portability, DSUE, electing portability, estate planning, estate tax, estate tax exclusion, estate tax return, gift tax, gross estate, GST, ILIT, IRS estate tax audits, new york estate tax, Portability, QTIP election, QTIP Trust
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Law Offices of David L. Silverman 
From Washington & Albany — Income & Estate Tax Planning in 2015
I. From Washington Income tax planning in 2015 will seek to reduce the effect of high federal and New York tax rates. Avoidance of unnecessary capital gain realization through basis increases or nonrecognition transactions will remain important. Estate tax planning … Continue reading →