Modification of Installment Obligations

In today’s climate of low interest rates, many people are thinking about modifying existing promissory notes to take advantage of lower rates for a longer period of time.  The willingness of financial institutions to cooperate with the desire to take advantage of lower rates varies.  In the context of a sale between related parties, however,…

Read More

QTIP Termination 3 Years Before Death May Increase Estate Tax

We previously posted on the gift tax implications of terminating a Qualified Terminable Interest Property Trust (“QTIP”) before the death of the surviving spouse (“spouse”).  To recap, a termination of a QTIP trust whereby the spouse relinquishes his or her entire interest in the trust gives rise to taxable gifts by the spouse under Code…

Read More

This Week’s Reading

The Best Law Schools For Getting Rich By Kurt Badenhausen Forbes, Mar. 8 2011 IRS Audit Risk If You’re “Rich” By Robert W. Wood The Tax Lawyer, Forbes, March 30, 2011 Small Firms, Big Lawyers: Is Your Firm Like Disney World? By Jay Sheperd Above the Law, March 30, 2011 Inherited IRA’s–Bankruptcy Protection By Charles…

Read More

Linton v. U.S.: Indirect Gift of Property Owned by LLC

In a victory for the taxpayer, the Ninth Circuit Court of Appeals reversed the lower court’s grant of summary judgment in favor of the IRS. The Lintons met with their attorney on January 22, 2003 to form, and transfer property to, a limited liability company (LLC). The Lintons also executed trust agreements for their children…

Read More

This Week’s Reading

Family Businesses Catch a Big Break By Anne Tergesen The Wall Street Journal, Family Value, February 19, 2011 Business Succession Planning and the New Gift Tax Exemption By Gerry W. Beyer Wills, Trusts & Estates Prof Blog, February 27, 2011 2010 Transfer Tax Changes – Actual Reform or Repairing a Leaky Dike with a Band-Aid…

Read More

This Week’s Reading

Obama Proposes Simpler Rules For Some IRA Owners And Heirs By Janet Novack Taxing Matters, February 23, 2011 Election For 2010 Estates: Big Headache By Robert W. Wood The Tax Lawyer, Feb. 23 2011 Bogdanski: Retained Interests and Estate of Stewart By Paul L. Caron TaxProf Blog, February 23, 2011 Recent Changes in State Estate…

Read More