Commercial Real Estate Tax Wills, Trusts, & Estate Planning

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Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

In Frank Aragona Trust, Tax Court Holds that Trustees’ Activities as Employees Count for Purposes of Material Participation Under...

The issue of whether a trust has passive or non-passive income from its investment in a pass-through entity has taken on increased importance in light of the tax imposed on net investment income under Code Section 1411 of the...more

Frank Aragona Trust: A Taxpayer Win

In a case of first impression, Frank Aragona Trust v. Commissioner, 142 T.C. No. 9 (Mar. 27, 2014), the Tax Court held that a trust could materially participate in a trade or business based upon the activities of the...more

Some Practical Risk Management Steps for Any Land Trust

I. Perpetual Calendar—Make Sure You Have Time for Reasoned Decisions—Stop trying to remember so much, reduce your stress, and avoid the risk of missing an important date. Every item that you can record onto a perpetual...more

Joint And POD Accounts: Weapon of Choice Of Transferees When Exerting Undue Influence?

Joint And POD Accounts: Weapon of Choice Of Transferees When Exerting Undue Influence? by James F. McDonough, Jr. on October 1, 2013 Will contests alleging undue influence are not uncommon. A will was, for many years,...more

Key Questions to Ask During Business Succession Planning

Key Questions to Ask During Business Succession Planning by Frank L. Brunetti on August 30, 2013 Succession planning is an essential component to business continuity, a smooth transition, and effective estate and tax...more

American Airlines Nears Bankruptcy Exit, Merger

American Airlines Nears Bankruptcy Exit, Merger by Joel R. Glucksman on August 15, 2013 American Airlines parent AMR Corporation is gearing up to make its formal exit from bankruptcy proceedings, and to enter into a...more

Endicott Interconnect Technologies Seeks Bankruptcy Protection

Endicott Interconnect Technologies Seeks Bankruptcy Protection by Joel R. Glucksman on August 2, 2013 Endicott Interconnect Technologies has filed for bankruptcy protection with the U.S. Bankruptcy Court in Utica, and...more

High Net Worth Family Tax Report, Vol. 8, No. 2 -- May 2013

President’s fiscal year 2014 budget contains numerous tax provisions - President Barack Obama released his proposed budget for the government’s fiscal year 2014 on April 10, 2013, and, not surprisingly, the budget...more

Personal Use Of Corporate Property In A USRPI Holding Company Structure

To insulate the ultimate individual owners from U.S. estate taxes, nonresident aliens often hold U.S. real property in a U.S. corporation, which corporation is owned by a foreign corporation. The foreign corporation is owned...more

Commentary on October 24, 2012: Notice of Ways and Means Motion Relating to Tax Matters - Real Estate Investment Trusts

In a Notice of Ways and Means Motion tabled by the Minister of Finance on October 24, 2012 (the “NWMM”), there were a number of changes to the provisions of subsection 122.1 of the Income Tax Act (Canada) (the “Act”) dealing...more

New law gives Pennsylvania Inheritance Tax exemptions for family farms

A recent law enacted by the Pennsylvania Legislature will enable farmers to pass their family farms to future generations without having to pay Pennsylvania Inheritance Tax. With proper estate and tax planning, this law will...more

New Taxes to Take Effect in 2013

The following two new taxes will take effect on January 1, 2013: 1. Investment Income Tax - A new 3.8% tax on investment income, and 2. Earned Income Tax - A new 0.9% tax on earned income Both of these taxes are...more

2011 Amendments to the New Jersey Bulk Sale Law and Their Application to Single- and Two-Family Residences

On Wednesday, September 14, 2011, Governor Christie signed into law amendments to the New Jersey Bulk Sale Law. Enacted as chapter 124 of the Public Laws of 2011, these amendments narrow the scope of N.J.S.A. 54:50-38, signed...more

Reporting Of Interests In Mexico Fedeicomisos

U.S. residents, and other nonresidents of Mexico, are restricted from owning certain real estate in Mexico. The Mexican Constitution prohibits foreigners from purchasing or owning real estate within 60 miles of an...more

PLR 201119003 No Gifts Triggered by Trust Transfers to Resolve Family Discord

Erskine Summary: The IRS has privately ruled that transactions between a marital trust and a decedent's children from his first marriage to resolve discord between his surviving spouse and her stepchildren over the management...more

Florida LLC Legislative Fixes for 2011

2010 brought a Florida Supreme Court decision that raised more LLC questions than it answered. The 2011 legislative changes brought answers to Florida lawyer questions....more

Other Recent PA Tax Developments

Philadelphia Hotel Tax The Court of Common Pleas of Philadelphia County has upheld the Philadelphia Tax Review Board’s ruling that Expedia, an online vendor of discount hotel rooms, is not an “operator” of a hotel, and is...more

2010 Tax Relief Act Will Change Estate and Gift Tax Laws, Preserve Lower Income Tax Rates and Provide Other Tax Incentives

On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the 2010 Tax Relief Act). The 2010 Tax Relief Act extends Bush-era tax cuts for two...more

McNees Insights-Asset Planning and Federal Taxation- Fall 2010

IN THIS ISSUE: What is Happening with the Federal Estate Tax?- Estate Planning and Marcellus Shale- Using IRA Proceeds to Invest in Real Estate and Other Alternative Investment Vehicles. Please see full newsletter below...more

How are You Holding Title (Deed) in Your Home or Investment Property?

A deed is a document that transfers ownership of real estate. It serves as written proof of ownership of your home or building. For a deed transaction to have legal effect it generally must comply with certain legal...more

Important Tax Alert

As of December 31, 2009, Congress had not acted to forestall the total repeal of the federal estate tax for 2010. Congressional leadership has indicated that legislation will be introduced that will reinstate the tax...more

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