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Civil Litigation Legal Topics Tax Law

Litigators: Be Alert for Tax Issues

466026551Many litigators are grateful to believe they’ve left tax law behind in law school. But that belief can cost your client.

Categories
Estate Planning Legal Topics Tax Law

The Net, Net Gift That Keeps on Giving (But It’s Risky)

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Good news, bad news. The Tax Court has approved a gift tax avoidance scheme, but there’s a catch.

Categories
Estate Planning Legal Topics Tax Law

Act Now on Direct IRA Distribution to Charity

180779637Under IRC §408(d)(8), IRA owners over age 70 ½ can distribute up to $100,000 per year directly to charity and never recognize any income on the distribution. But to get this benefit, you must act fast because the law expires at the end of this year.

Categories
Estate Planning Legal Topics Tax Law

Tell It to the (Tax Court) Judge: If You Prefer District Court, Pay the Tax First and Then Ask for a Refund

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Michael Jackson is back in the news. The IRS added some $700 million to the reported value of Jackson’s estate, based on posthumous publicity rights valued by the estate at $1200. The news brought to light an interesting issue: To get a regular trial with a district judge on a tax deficiency, you have to pay the tax first.

Categories
Elder Law Estate Planning Legal Topics Tax Law

Portability—Game Changer for Estate Planning or More of the Same?

148037463Estate planners are taking a second look at portability—the use of a deceased spouse’s lifetime exclusion by the surviving spouse—now that the law on this subject has been made permanent.

Categories
Estate Planning Legal Topics New Legal Developments Tax Law

Going to the Chapel in Another State: IRS Ruling Extends Same-Sex Marriage to Couples Nationwide

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In a swift and decisive ruling, the IRS concluded that same-sex couples lawfully married in the state of celebration are married for federal tax purposes regardless of residence. Rev Rul 2013–17. The ruling effectively extends same-sex marriage to couples nationwide.

Categories
Business Law Legal Topics Tax Law

IRS is Very Strict When It Comes to Charitable Contribution Rules

blog-140237960v2Most people feel really great when they donate to charity, and the accompanying tax deduction can make the gift even sweeter. But recent cases show that the IRS is demanding strict compliance with its rules on substantiating charitable contributions, and messing up can mean losing the entire deduction.

Categories
Estate Planning Legal Topics Real Property Law Tax Law

Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

tax_123145005Do you own a house with someone and don’t want to register as domestic partners, but you still want an exclusion from a change in ownership for property tax purposes when you die? Now you can. Here’s how it works.

Categories
Elder Law Estate Planning Tax Law

Give and Get: Act Now for Tax Benefit!

hurry_159269664The American Taxpayer Relief Act of 2012 (ATRA-2012) (Pub L 112-240, 126 Stat 2313) allows IRA owners to make retroactive direct distributions to charity for 2012. It could be a good deal for you or your clients, but you have to act by January 31, 2013—this week!—to take advantage of it.

Categories
Estate Planning Legal Topics New Legal Developments Tax Law

Pass the Pease, Please: A Modest Proposal to Help Out the “Fiscal Cliff” Negotiations

cliff_158409051Updated January 4, 2013: The American Taxpayer Relief Act of 2012 restores the original 3 percent phaseout of itemized deductions for income above $300,000 for married taxpayers filing jointly and $250,000 for single taxpayers. The Act also restores the 39.6 percent top rate for income above $450,000 for married taxpayers filing jointly and $400,000 for single taxpayers.

Most readers are aware that many provisions of the tax law “sunset” or expire at the end of 2012 if nothing happens before the end of the year.  One little-noticed provision could help both sides move beyond the current impasse.