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

LLC Preferred Interest Qualifies For Marital Deduction

In a recent private letter ruling, the question was raised whether an LLC interest that received a preferred return with additional LLC cash flow going to other common interests could qualify for the marital deduction if funded…more

| Business Organizations, Family Law, Taxation, Wills, Trusts, & Estate...

Trusts And “Material Participation”

There is uncertainty in the law as to whether, and how, trusts can meet the “material participation” requirements of Code Section 469 to escape passive loss treatment…more

| Wills, Trusts, & Estate Planning

When Keeping Silent Can Be Used Against You

Prior constitutional law, as well as popular culture via crime shows on TV, inform us that a suspect can keep silent and that silence cannot be used against him in a criminal proceeding. This has been generally true, but a…more

| Constitutional Law, Criminal Law, Taxation

Automatic Consolidated Return Elections

Corporations that are directly or through intervening chains of corporations owned 80% or more by a common parent corporation can file a consolidated income tax return. There are many benefits to such returns, including offsets…more

| Business Organizations, Taxation

Debtors Did Not Have To Bring Stock Certificates Back Into Florida

A Florida court ordered defendants to turn over stock certificates located outside of Florida evincing their ownership interest in several foreign entities to satisfy a judgment. On appeal, the appellate court ordered that that…more

| International Law & Trade, Taxation

Interest On Tax Overpayments–Not Always Available

Code §6611 provides that the IRS will pay interest on tax overpayments back to the due date if the overpayment is not refunded within 45 days of the refund claim (or within 45 days of the return due date for a timely filed…more

| Civil Procedure, Finance & Banking, Taxation

21 Years Of AFR Rates

Every month, we publish the monthly AFR rates. However, once a year we look back over a longer period of time to see the larger trend. Here is the 2014 version, showing a reverse of the declines of recent years. Whether the…more

| Taxation

Transfer Pricing Audit Roadmap

Code Section 482 requires that transactions between related companies be conducted based on “arms-length” pricing. The purpose of the section is to foreclose inappropriate pricing methods that attempt to shift profits to low-tax…more

| Business Organizations, Taxation

Anti-Huber Planning

Asset protection trusts promise their settlors the best of many worlds. They allow a grantor to give away assets to a trust and remove them (and any future appreciation in the trust assets) from their taxable estate. However,…more

| Taxation, Wills, Trusts, & Estate Planning

Temporary vs. Indefinite – Lodging Expenses Away From Home

A taxpayer who travels away from his tax home overnight on business can deduct 50% of meals and 100% of lodging costs. A taxpayer’s “tax home” is located at (1) his regular or principal (if more than one regular) place of…more

| Labor & Employment Law, Taxation

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