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Tax Court holds that trusteebeneficiary's power to invade trust principal for her "welfare" is limited by an ascertainable standard and trust principal not includible in her estate under IRC 2041(b)(1)(a) estate of Ann R. Chancellor, et al. v. Commiss
- Proskauer Rose LLP
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- USA
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- September 14 2011
Frequently, trust agreements ensure that the principal invasion power held by a trustee who is also a beneficiary is limited to distributions for the beneficiary's "health, education, maintenance and support"
No estate tax apportionment against payable on death accounts
- Proskauer Rose LLP
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- USA
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- July 1 2010
In Estate of Sheppard v. Schleis, 2010 WI 32 (Wis. May 4, 2010), the Wisconsin Supreme Court ruled that, in the absence of any tax apportionment directions by the decedent, a beneficiary of a payable-on-death account is not liable for any estate tax imposed on the decedent's estate
U.S. government sues estate and donees of J. Howard Marshall II for unpaid gift taxes
- Proskauer Rose LLP
- -
- USA
- -
- November 5 2010
The U.S. government is suing the estate and donees of J. Howard Marshall for a combined $85 million of unpaid gift and GST taxes
Crummey withdrawal notices recommended practices
- Proskauer Rose LLP
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- USA
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- September 10 2012
Under current tax law, an individual is entitled to make gifts of up to $13,000 per donee per year without being subject to gift tax
Estate of Schneider v. Finmann, 2009 NY Slip Op 2319 (App. Div. Mar. 24, 2009) (appeal pending before Court of Appeals)
- Proskauer Rose LLP
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- USA
- -
- June 7 2010
This case was argued before the Court of Appeals on May 4, 2010, and has not yet been decided by the Court
IRS announces notice and proposed regulations regarding Form TD F 90.22-1 Report of Foreign Bank and Financial Accounts (the FBAR) Notice 201023;
- Proskauer Rose LLP
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- USA
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- April 16 2010
The IRS has recently announced further guidance in the area of reporting non-U.S. bank and financial accounts
Florida Third District Court of Appeals withdrew its opinion in Habeeb v. Linder that a husband and wife can waive homestead rights merely by signing a joint warranty deed - Habeeb v. Linder, 3D10-1532 (Fla. 3d DCA 2011)
- Proskauer Rose LLP
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- USA
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- July 5 2011
On February 9, 2011, the Florida Third District Court of Appeals held that a husband and wife waived their post-death homestead rights merely by signing a joint warranty deed transferring the homestead property to the wife
Electing out of the application of the estate tax and allocating basis step-up for 2010 decedents
- Proskauer Rose LLP
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- USA
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- August 9 2011
The legislation enacted in December 2010 retroactively reinstated the federal Estate tax for 2010 decedents but allows an applicable Executor to “opt out” of the Estate tax regime by making a “Section 1022 Election”
IRS announces it is reopening the offshore voluntary disclosure program
- Proskauer Rose LLP
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- USA
- -
- February 2 2012
The IRS announced it is reopening the offshore voluntary disclosure program to help people hiding offshore accounts get current with their taxes
Hirchert Family Trust v. Johnee Ann Alle Hirchert (District Court of Appeal of Florida, Fifth District, June 17, 2011)
- Proskauer Rose LLP
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- USA
- -
- September 14 2011
The District Court of Appeal of Florida upheld an exception to the Florida homestead exemption in a case where a trusteedeceased husband of the defendant breached his fiduciary duty as trustee in California, and the defendant later used the proceeds resulting from this breach to purchase real property in Florida
