Sec. 1446(f) regulations: The rules and unanswered questionsBy Shan He, CPA, J.D., LL.M.; and Ben Vesely J.D., LL.M.The requirement to withhold on dispositions of interests in partnerships by foreign partners can be burdensome. Find out ways to minimize or avoid having to withhold. IRS to automatically issue refunds on tax-free unemployment benefitsBy Sally P. Schreiber, J.D.To … Continue reading AICPA Tax Advisor (April 8, 2021): Automatic refunds on tax-free unemployment benefits; Like-kind exchanges of real property; and More!
Masayuki Tamaruya, of University of Tokyo, has made available for download his article, Fiduciary Law and Japanese Nonprofits: A Historical and Comparative Synthesis, published in Laby & Russell, eds., Fiduciary Obligations in Business (Cambridge University Press, Forthcoming). The abstract is as followed: In 2006, the Japanese law of nonprofits underwent a major reform. Notably, the … Continue reading Masayuki Tamaruya: Fiduciary Law and Japanese Nonprofits: A Historical and Comparative Synthesis (June 20, 2020)
BDO has published an article, “Financial Literacy for the Rising Generation and Beyond,” which discusses the importance of instilling financial literacy in the family. The article begins as follows: It is very common for families of affluence to have competent professional advisors to help them manage their investments, their legal affairs, and their business operations. … Continue reading BDO: Financial Literacy for the Rising Generation and Beyond (April 2021)
Ann Carrns, in her New York Times article, discuss the need to double-check state deadlines for tax filing, as not all of them have adopted the federal deadline extension; the extension also only pertains to filing individual federal returns, not first-quarter estimated deadlines. The article, “The Tax Filing Deadline Was Delayed, but Read the Fine Print,” … Continue reading NY Times (April 9, 2021): The Tax Filing Deadline Was Delayed, but Read the Fine Print
Beyond business: Unique characteristics of family enterprises that could position them to thriveBy William Chou, Frank Leggio, Andrea Circi, Michelle Osry,The introductory article in the Resilient Family Enterprise series examines how COVID-19 brings new focus to family business issues like succession planning, values, and purpose, and legacy. Putting family first in IPO deliberationsBy William Chou, … Continue reading Deloitte: The Resilient Family Enterprise series (2020)
Mirit Eyal-Cohen has published an article on the TaxProf Blog, titled “Weekly SSRN Tax Article Review And Roundup: Eyal-Cohen Reviews Measuring And Valuing Wealth For Federal Wealth Tax Reform” which discusses the SSRN article, titled How to Measure and Value Wealth for a Federal Wealth Tax Reform. The article begins as follows: One of the … Continue reading TaxProf Blog – Mirit Eyal-Cohen: Weekly SSRN Tax Article Review And Roundup: Eyal-Cohen Reviews Measuring And Valuing Wealth For Federal Wealth Tax Reform (April 9, 2021)
Forbes has published an article, "Temporal Issues In Alter Ego Analysis", which discusses how the alter ego doctrine operate to impose liability. The article begins as follows: For those unfamiliar with the topic, the doctrine of alter ego is a means by which a court may look past the legal separateness of an entity to … Continue reading Forbes: Temporal Issues In Alter Ego Analysis (April 9, 2021)
Forbes has published an article, "Conservation Appraisers Strike Back At IRS With Class Action Suit", which discusses a complaint filed against the IRS. The article begins as follows: Finally the syndicated conservation easement (SCE) empire strikes back. Battered in Tax Court by the IRS, hounded by the Department of Justice seeking criminal charges and injunctions and … Continue reading Forbes: Conservation Appraisers Strike Back At IRS With Class Action Suit (April 8, 2021)
Daniel J. Hemel, of University of Chicago - Law School, has made available for download his article, "Regulation and Redistribution with Lives in the Balance," published in University of Chicago Law Review, Forthcoming. The abstract is as followed: A central question in law and economics is whether non-tax legal rules should be designed solely to maximize efficiency or whether … Continue reading Daniel J. Hemel: Regulation and Redistribution with Lives in the Balance (March 2, 2021)
Darien Shanske, of University of California, Davis - School of Law, has made available for download his article, "Agglomeration and State Personal Income Taxes: Time to Apportion (With Critical Commentary on New Hampshire’s Complaint Against Massachusetts)," published in Fordham Urban Law Journal, Forthcoming. The abstract is as followed: The Supreme Court is currently considering granting certiorari in New Hampshire v. Massachusetts. … Continue reading Darien Shanske: Agglomeration and State Personal Income Taxes: Time to Apportion (With Critical Commentary on New Hampshire’s Complaint Against Massachusetts) (March 31, 2021)
David Fowler Johnson, in his Texas Fiduciary Litigator Blog, has made available for download his article, titled “Courts Rule On Jurisdictional Issues Involving Probate Orders” which discusses In re Estate of Mims. The abstract of the article is as follows: One of the most difficult areas for probate litigation is determining when a party has an … Continue reading Texas Fiduciary Litigator: Courts Rule On Jurisdictional Issues Involving Probate Orders (March 29, 2021)
Forbes has published an article, “4 Valuable Tax Planning Strategies Gay Couples Need Today” which not only encourages all readers to file their taxes early, but also provides useful information for LGBTQ couples to consider when they plan for their finances. The article begins as follows: Two of our good friends just got married, and … Continue reading Forbes: 4 Valuable Tax Planning Strategies Gay Couples Need Today (March 30, 2021)
Louis Vlahos, of Rivkin Radler LLP, has made available for download his article, New York Is Poised For Some Significant Tax Increases, published in JDSUPRA. The abstract is as follows: Are the rich making enough of a contribution to society? Are they bearing their fair share of taxes? Many New York legislators don’t think so.Following … Continue reading Louis Vlahos (Rivkin Radler LLP): New York Is Poised For Some Significant Tax Increases (March 30, 2021)
Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, "'Mental Health Disorder' Must Be Proven Along with Delusion," published in JDSUPRA. The article, which discusses Eyford v. Nord(2021) ___ Cal.App.5th ___., begins as follows: When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue … Continue reading Jeffrey Galvin (Downey Brand LLP): “Mental Health Disorder” Must Be Proven Along with Delusion (March 29, 2021)
Associate Editor Marin Larkin is a legal assistant with the Law Office of Lewis J. Saret and a sophomore at Georgetown University, where she is majoring in Government and minoring in Spanish and Psychology. Marin joined the Journal as Associate Editor in 2021.
Associate Editor Anthony Tran is a legal assistant with the Law Office of Lewis J. Saret and a second-year at the University of Virginia, where he is majoring in Foreign Affairs. Anthony joined the Journal as Associate Editor in 2021.
The IRS released for publication in the Federal Register proposed regulations (REG-121095-19) addressing the requirements for certain foreign persons and foreign-owned partnerships investing in qualified opportunity funds (QOFs) and also providing flexibility with regard to working capital safe harbor plans. The summary for the proposed regs is as follows: This document contains proposed regulations that … Continue reading Proposed Regs Issued for Foreign Persons and Partnerships Investing in Qualified Opportunity Funds (Reg-121095-19) (April 12, 2021).
The U.S. Tax Court in De los Santos v. Commissioner, 156 TC No. 9 (April 12, 2021), issued a “reviewed opinion” holding that economic benefits received by the taxpayer-husband under a split-dollar arrangement were not “distributions” under Code Sec. 301, but were benefits received under a compensatory arrangement and as such were taxable as “compensation … Continue reading De los Santos v. Commissioner, 156 TC No. 9 (April 12, 2021): Split-dollar Insurance Benefits Were Compensation, Not a Distribution
Paul Graham, founder of Y Combinator, wrote an op ed on his extensive blog, How People Get Rich Now. The article begins as follows: Every year since 1982, Forbes magazine has published a list of the richest Americans. If we compare the 100 richest people in 1982 to the 100 richest in 2020, we notice some big … Continue reading Paul Graham Op Ed: How People Get Rich Now (April 2020)
Kevin Brodehl, of Patton Sullivan Brodehl LLP, has made available for download his article, “Quieting Title After a Failed Deed in Contemplation of Marriage,” published in JDSUPRA. The article, which discusses Reuter v. MACAL, Cal: Court of Appeal, 2nd Appellate Dist., 5th Div. 2020, begins as follows: Claims for quieting title to real property can … Continue reading Kevin Brodehl (Patton Sullivan Brodehl LLP): Quieting Title After a Failed Deed in Contemplation of Marriage (March 29, 2021)