Batchelder: Leveling The Playing Field Between Inherited Income And Income From Work Through An Inheritance Tax

Lily Batchelder, NYU School of Law, has made available for download her article Leveling The Playing Field Between Inherited Income And Income From Work Through An Inheritance Tax. The abstract is as follows: The Problem The core objectives of tax policymaking should be to raise revenue in an efficient and equitable manner. Current taxation of estates … Continue reading Batchelder: Leveling The Playing Field Between Inherited Income And Income From Work Through An Inheritance Tax

PLRs 202006002-6: Trusts Not Grantor Trusts, No Completed Gifts to Trust by Grantor or POA Committee

In PLRs 202006002 through 202006006, the Service ruled that as long as trusts qualified as domestic trusts and a Power of Appointment Committee (Committee) remained in existence, the grantor would not be treated as the owner of the trust under the grantor trust rules.  For each PLR, because none of the Committee members had a … Continue reading PLRs 202006002-6: Trusts Not Grantor Trusts, No Completed Gifts to Trust by Grantor or POA Committee

US v. Marin, 18 CV 9307 (VB) (US Dist. NY Jan. 22, 2020): IRS allowed to proceed with claims for unpaid estate tax

The government’s claim to foreclose its federal tax liens, for an order of judicial sale of the estate’s properties, and to appoint a receiver to operate and liquidate the properties was allowed to proceed. The estate argued that the probate exception to federal jurisdiction resulted in the court not having jurisdiction over the foreclosure claim. … Continue reading US v. Marin, 18 CV 9307 (VB) (US Dist. NY Jan. 22, 2020): IRS allowed to proceed with claims for unpaid estate tax

Est. of Agnes Skeba v. US, 2019-2 USTC ¶60,717 (Oct. 3, 2019): De Novo Std Applied to Estate’s Reasonable Cause Claim

In Est. of Agnes Skeba v. US, 2019-2 USTC ¶60,717 (Oct. 3, 2019), the US District Court for the District of New Jersey applied a de novo standard of review to determine whether an estate demonstrated reasonable cause and not willful neglect in failing to timely file its federal estate tax return. Before the deadline for … Continue reading Est. of Agnes Skeba v. US, 2019-2 USTC ¶60,717 (Oct. 3, 2019): De Novo Std Applied to Estate’s Reasonable Cause Claim

Ron Aucutt’s Top Ten Estate Planning and Estate Tax Developments of 2019

Bessemer Trust has released Ron Aucutt's Top Ten Estate Planning and Estate Tax Developments of 2019. Bessemer's announcement begins as follows: In an annual tradition, Ron Aucutt has identified what he views as the top ten estate planning and estate tax developments of 2019 and has provided context and analysis for each item.This analysis addresses … Continue reading Ron Aucutt’s Top Ten Estate Planning and Estate Tax Developments of 2019

US v. Kohls, 2020-1 U.S.T.C. ¶60,719, (Jan. 2, 2020), executor personally liable for unpaid estate tax

In US v. Kohls, 2020-1 U.S.T.C. ¶60,719, (Jan. 2, 2020), the US District Court for the Southern District of Ohio held that an executor of a decedent’s estate was personally liable for unpaid estate tax after he distributed property to himself and other beneficiaries before paying the estate tax.  The IRS notified the estate that … Continue reading US v. Kohls, 2020-1 U.S.T.C. ¶60,719, (Jan. 2, 2020), executor personally liable for unpaid estate tax

IPB Tax, Trusts & Estates Newsletter: October 2019 Edition

Ivins Phillips Barker published its October installment of the Tax, Trusts, and Estates newsletter. The following articles are included within this edition: Recent Developments: Income Taxes and Real Property Interests - IRS guidance on the Section 199A 20% pass-through deduction and two New York cases upholding double taxation for individuals domiciled outside of NY offer opportunities … Continue reading IPB Tax, Trusts & Estates Newsletter: October 2019 Edition