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

Form 8971 Filing Unhappiness

The IRS has now issued a final Form 8971 and instructions. If you recall, this Form is newly required by executors of estates filing a Form 706 (federal estate tax return). The Form requires a schedule for each beneficiary which…more
| Taxation, Wills, Trusts, & Estate Planning

Not Enough Activity to Be a Developer

If you suffer a loss on the disposition of real property, you want to be treated as a developer for income tax purposes - that is, to be treated as engaged in a trade or business. That way, you can get ordinary loss treatment…more
| Commercial Law & Contracts, Real Estate - Residential, Taxation

Disclose of Cash Real Estate Purchases

The purchase of real estate without bank financing presents an opportunity for those with unclean funds to launder those funds and make them appear legitimate, at least in the opinion of the Financial Crimes Enforcement Network…more
| Commercial Law & Contracts, Insurance, International Law & Trade, Real Estate - Residential, Taxation

Elective Share Rulings

Under Florida law, a surviving spouse can elect to receive 30% of the elective share estate of his or her deceased spouse, in lieu of receiving what was left to the surviving spouse under the decedent’s estate planning…more
| Taxation, Wills, Trusts, & Estate Planning

Applicable Federal Rates - February 2016

Please see Charts below for more information…more
| Taxation

Lodestar Methodology for Determining Reasonable Attorney Fees is Rejected

Fla.Stats. §736.0708(1) tells us that unless the trust agreement says different, "a trustee is entitled to compensation that is reasonable under the circumstances." The statutes do not tell us how to compute what is…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Fraudulent Conveyance Litigation Expenses are Not Deductible

Expenses of business litigation, and litigation involving the production or collection of income or of property held for the production of income, are typically deductible under Code Sections 162 or 212. It is often forgotten,…more
| Commercial Law & Contracts, Taxation

Did You Get An Erroneous IP-PIN Number from the IRS?

Taxpayers who are the victim of identity theft in regard to tax filings are eligible to receive an IP-PIN number from the IRS. This is a special number issued to the taxpayer that the taxpayer uses when filing the income tax…more
| Taxation

Tax Burden of Highest Earning Taxpayers Back on the Rise

This graphic from The Wall Street Journal shows that the share of taxes paid by the top 400 taxpayers is back on the rise (using 2013 tax data), as higher U.S. tax rates take effect…more
| Taxation

Improper Decanting [Florida]

In a case of first impression, Florida’s 5th District Court of Appeals interpreted Fla.Stats. §736.04117 relating to the ability of a trustee to decant a trust into a new trust arrangement. A trustee transferred the funds of a…more
| Taxation, Wills, Trusts, & Estate Planning

FIRPTA Withholding Rate Bumped Up To 15%

The Protecting Americans from Tax Hikes Act of 2015 was recently signed into law. Section 324 of the Act modifies Code Section 1445 to increase the required withholding amount on dispositions by nonresident aliens and foreign…more
| Elections & Politics, International Law & Trade, Real Estate - Commercial, Real Estate - Residential, Taxation

2013 Gift Tax Assessment for 1972 Gift Upheld by Tax Court - 41 Years of Separation

The IRS has 3 years to assess gift taxes for gifts disclosed in a gift tax return. If a gift tax return is not filed, the statute of limitations never begins to run. Nonetheless, it is rare for the IRS to assess gift taxes…more
| Taxation

Deeds to Trustees [Florida]

One statute that most Florida real estate and trust lawyers have to deal with at some time is Fla.Stats. Section 689.07(1). Let’s read it together..…more
| Real Estate - Residential, Taxation, Wills, Trusts, & Estate Planning

Applicable Federal Rates - January 2016

Please see charts below for more information…more
| Taxation

Are Income Tax Refunds Due to a Decedent Subject to Estate Taxes?

I've always thought so, but apparently at least one estate thought not, and took the issue to the Tax Court. A decedent died before filing his income tax return for the prior calendar tax year. Once the return was prepared…more
| Taxation, Wills, Trusts, & Estate Planning
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Boca Raton, Florida 33431, United States

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Areas of Practice
  • Business Organizations
  • Taxation
  • Wills, Trusts, & Estate Planning
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