Charles (Chuck) Rubin – Gutter Chaves Josepher Rubin Forman Fleisher P.A.

Hillary Clinton Advises of Changes She Would Make to the Estate Tax Rate

And its not downward – surprise! Last week, Hillary advised that she would like to move the highest estate tax rate from its current 40% to 65%…more
| Elections & Politics, Taxation, Wills, Trusts, & Estate Planning

Mission Near Impossible - Reliance on Professionals Defense to Late Filing and Payment Penalties

An estate sought relief for $1.189 million in penalties for the late filing of a Form 706 and the late payment of estate taxes when the filing and payment were over a year late. The U.S. District Court granted the government's…more
| Taxation, Wills, Trusts, & Estate Planning

Applicable Federal Rates - October 2016

Please see charts below for more information…more
| Taxation

IRS Attempts Collection Against Surviving Spouse and Marital Deduction Property

In a recent U.S. District Court case from the Southern District of California, the court ruled on several motions to dismiss relating to the IRS' attempt to impose liability on a surviving spouse for estate taxes on the estate…more
| Civil Procedure, Taxation, Wills, Trusts, & Estate Planning

Regulations Issued to Make Marriage References Gender Neutral

Further to the recent U.S. Supreme Court cases recognizing same-sex marriages, the IRS has issued final regulations that codify same-sex marriages for federal tax purposes, regardless of gender. Under Treasury Regulations §…more
| Family Law, Taxation

Treasury Provides Relief for Late 60-Day Rollovers

The Internal Revenue Code allows qualified plan participants and IRA owners to withdraw assets from a plan or IRA and contribute them to another (or the same) plan or IRA without being taxed on the distribution, if the rollover…more
| Finance & Banking, Labor & Employment Law, Taxation

Spouses Need to Exercise Care in Transferring Property between Them When Subject to a Marital Agreement [Florida]

Many prenuptial and postnuptial agreements provide for a class of property known as Separate Property. Such Separate Property will often not be subject to claim by or transfer to the non-owning spouse upon death or divorce. When…more
| Family Law, Taxation

Applicable Federal Rates - September 2016

Please see charts below for more information. …more
| Taxation

Practice Aid – A Redlined Version of the Proposed Section 2701 and 2704 Regulations

These proposed regulations are difficult enough in substance to deal with, without having to piece together the changes that they make to the existing regulations. Maybe there is a redlined version out there already, but I could…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

No Obligation to File Inaccurate Return to Avoid Failure to File Penalty

A partnership was a partner in a Cayman Islands partnership - that investment made up most of its assets. The Cayman Islands partnership did not file a Form 1065 income tax return and did not give a Form K-1 to the taxpayer…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Taxation

Updated ITIN Procedures

Foreign individuals who are ineligible to obtain a social security number but who require a U.S. taxpayer identification number can apply for a an Individual Taxpayer Identification Number (ITIN) using Form W-7. The process is…more
| International Law & Trade, Taxation

Some Food for Thought - Code Section 2704 Proposed Regulations

As the proposed regulations are digested by practitioners, here is some food for thought: a. Will GRATs be underwater from the start - that is, nondiscounted values for the funding transactions, and discounted values for…more
| Commercial Law & Contracts, Taxation, Wills, Trusts, & Estate Planning

IRS Issues Long-Awaiting Section 2704 Proposed Regulations

In case you haven’t heard, these proposed regulations were issued on August 2. The particular focus is to substantially reduce valuation discounts for transfer tax purposes on minority interests, nonvoting, and limited control…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

Executrix Held Liable Under Federal Claims Statute For Actions Taken Prior to Appointment as Executrix

A decedent died while owing over $340,000 in unpaid federal income tax liabilities. His estate was insolvent. The assets of his estate consisted almost entirely of a 100% interest in one corporation and 50% of another…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law, Taxation, Wills, Trusts, & Estate Planning

IRS Wins Debt vs. Equity Case

A frequent area of dispute between taxpayers and the IRS is whether an indebtedness obligation should be treated as debt, or an equity investment, for income tax purposes. Taxpayers often seek debt treatment to obtain interest…more
| Commercial Law & Contracts, International Law & Trade, Taxation
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  • Wills, Trusts, & Estate Planning
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