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

Florida LLC Act Revision [Florida]

My partner, Rick Josepher, was involved through the Florida Bar in a major update to Florida’s limited liability company provisions which were recently enacted into law. The following is a summary regarding the new provisions…more

| Business Organizations

Corporate Suspension Blocks Tax Court Access

Most states will suspend or involuntarily dissolve a corporation if it does not pay local taxes or fees. Such suspensions and dissolutions can typically be reversed after the corporation files to be restored and pays any back…more

| Business Organizations, Civil Procedure, Taxation

OVDI Pre-Clearance Letters And Their Revocability

The first step a taxpayer with undisclosed or unreported offshore accounts or assets undertakes in seeking to enter the Offshore Voluntary Disclosure Initiative (OVDI) is to apply for pre-clearance from the IRS Criminal…more

| Criminal Law, Finance & Banking, International Law & Trade, Taxation

IRS Goes Back 41 Years To Assess Gift Tax

If a taxpayer does not file a tax return, the statute of limitations for most federal taxes never commences. Thus, in theory, the IRS can go back as many years it wants to such an “open” year to audit and assess tax…more

| Civil Procedure, Taxation, Wills, Trusts, & Estate Planning

IRS Chasing Down ‘Quiet Disclosures’

In a recent report, the General Accounting Office (GAO) encourages the IRS to do more to uncover and pursue taxpayers who made quiet disclosures in regard to their non-U.S. accounts…more

| Finance & Banking, International Law & Trade, Taxation

Bad Planning In Foreign Asset Protection Trust Scenario

Foreign asset protection trusts are often established by U.S. persons to shield their assets from creditors. Typically, assets transferred to the trust can be paid to or applied for the benefit of the U.S. grantor(s) and their…more

| Finance & Banking, International Law & Trade, Wills, Trusts, & Estate...

Unusual Results In Offshore Account Case

79 year-old Mary Estelle Curran received good new when she was sentenced for criminal tax evasion and failing to file reports of foreign bank accounts on UBS Swiss accounts she inherited from her husband…more

| Criminal Law, Finance & Banking, International Law & Trade, Taxation

Is The IRS Reading Emails With A Search Warrant?

Last week, the ACLU created a stir when it suggested that the IRS may be reading taxpayers’ emails without obtaining a search warrant. At least at some point in time in the past, according to the IRS’ 2009 “Search Warrant…more

| Communications & Media Law, Constitutional Law, Privacy, Taxation

Taxpayers Wait Too Long For Assignment

If a taxpayer owns appreciated property and transferors it to another, and that successor owner sells the property, the gain from the sale is reportable by the successor owner, not the donor. However, if the gift occurs too…more

| Business Organizations, Commercial Law & Contracts, Taxation, Wills,...

Grandfathered Buy-Sell Agreements

Code §2703 severely restricts the ability of a buy-sell agreement to control estate tax values in a closely held entity. A recent private letter ruling reminds us that older agreements are not subject to Code §2703…more

| Commercial Law & Contracts, Finance & Banking, Taxation, Wills, Trusts,...

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 by…more

| Business Organizations, International Law & Trade, Taxation, Wills,...

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