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Favorable "DING trust" rulings PLRs 201310002 201310006
- Proskauer Rose LLP
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- USA
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- May 1 2013
In five related rulings, the IRS issued favorable holdings addressing the income and gift tax consequences of so-called "DING trusts." The acronym
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
- -
- USA
- -
- 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"
Estate of Kite v. Commissioner, T.C. Memo 2013-43
- Proskauer Rose LLP
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- USA
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- March 8 2013
The Tax Court held that a surviving spouse's sale of substantial entity interests to trusts for her children in exchange for a 10-year deferred
U.S. government sues estate and donees of J. Howard Marshall II for unpaid gift taxes
- Proskauer Rose LLP
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- 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
We didn't (quite) fall off the cliff, but we still have to clean up the mess!
- Proskauer Rose LLP
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- USA
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- January 8 2013
When the clock struck midnight on December 31, 2012, estate planning practitioners said "good night" to an unprecedented period of working with clients to
Crummey withdrawal notices recommended practices
- Proskauer Rose LLP
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- USA
- -
- 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
March interest rates for GRATs, sales to defective grantor trusts, intra-family loans and split interest charitable trusts
- Proskauer Rose LLP
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- USA
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- March 8 2013
The March 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.4, which is a slight increase from
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
- -
- 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
- -
- 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”
