James McDonough – Scarinci Hollenbeck

1100 Valley Brook Avenue P.O. Box 790
Lyndhurst, New Jersey 07071, United States

  • 2018964100

Decanting By Various Means

Decanting By Various Means by James F. McDonough, Jr. on October 8, 2013 Decanting is a popular topic among wealth advisers, trust companies, and tax professionals. In the wine industry, it means putting old wine into a…more
| Bankruptcy, Business Organizations, Finance & Banking, Labor & Employment Law, Taxation

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, the…more
| Business Organizations, Finance & Banking, Real Estate - Commercial, Taxation, Wills, Trusts, & Estate Planning

Facebook at 50 (Dollars A Share)

Facebook at 50 (Dollars A Share) by James F. McDonough, Jr. on September 30, 2013 Facebook’s Initial Public Offering (IPO) received a great deal of attention, especially after the price of its stock dropped shortly after…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law, Taxation

Charitable Bequest of a Business and the Problems That Follow

Charitable Bequest of a Business and the Problems That Follow by James F. McDonough, Jr. on September 23, 2013 It is not difficult to leave a business to charity, one makes a bequest. The difficulty, however, arises from…more
| Business Organizations, Finance & Banking

The IRC §409A Minefield

The IRC §409A Minefield by James F. McDonough, Jr. on September 11, 2013 Tax professionals frequently encounter non-qualified deferred compensation plans (“NQDCA”) in the context of an estate or business. NQDCA’s include…more
| Business Organizations, Finance & Banking, Intellectual Property, Mergers & Acquisitions, Taxation

Uneasy Link Between Federal Income Tax And NJ Gross Income Tax

Uneasy Link Between Federal Income Tax And NJ Gross Income Tax by James F. McDonough, Jr. on September 6, 2013 There is a difficult and uneasy relationship between the Federal Income Tax (FIT) and the New Jersey Gross…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Mergers & Acquisitions, Taxation

The Birds and the Bees for Trustees

The Birds and the Bees for Trustees by James F. McDonough, Jr. on August 20, 2013 Today, an increasing number of children are born with assistance of advanced reproductive technology. Such children may be conceived and…more
| Civil Rights, Science, Computers, & Technology, Taxation, Wills, Trusts, & Estate Planning

Estate of Turco: Is There Clawback For Insufficient Estate Tax Funds?

Estate of Turco: Is There Clawback For Insufficient Estate Tax Funds? by James F. McDonough, Jr. on August 15, 2013 The lack of liquidity is a serious problem in the administration of an Estate, especially for a fiduciary…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation, Wills, Trusts, & Estate Planning

Rhode Island, Same Sex Divorce and Portability: Imperfect Together

Rhode Island, Same Sex Divorce and Portability: Imperfect Together by James F. McDonough, Jr. on August 13, 2013 Rhode Island Governor Chafee issued an executive order directing the state to recognize same-sex marriages…more
| Civil Rights, Constitutional Law, Taxation, Wills, Trusts, & Estate Planning

Uniform Acts, Modern Portfolio Theory, and An Unintended Consequence

Uniform Acts, Modern Portfolio Theory, and An Unintended Consequence by James F. McDonough, Jr. on August 8, 2013 Trustees had been governed by the Reasonable Man standard for investing trust assets that were designed to…more
| Business Organizations, Commercial Law & Contracts, Securities Law, Wills, Trusts, & Estate Planning

The Fatherless Child: The Law Struggles to Catch Up to Reproductive Technology

The Fatherless Child: The Law Struggles to Catch Up to Reproductive Technology by James F. McDonough, Jr. on August 6, 2013 The Court of Appeals for the Third Circuit filed a decision in Capato v. Commissioner Social…more
| Constitutional Law, Family Law, Taxation, Wills, Trusts, & Estate Planning

What Happens Now: The Aftermath of DOMA (Defense of Marriage Act)

What Happens Now: The Aftermath of DOMA (Defense of Marriage Act) by James F. McDonough, Jr. on August 1, 2013 The United States Supreme Court recently struck down the Defense of Marriage Act (DOMA) as unconstitutional…more
| Civil Remedies, Civil Rights, Constitutional Law, Taxation

The Plight of Billionaires Looking For New Havens to Shield Assets

The Plight of Billionaires Looking For New Havens to Shield Assets by James F. McDonough, Jr. on July 30, 2013 In a recent article in Wealth Management, the author David de Jong and Robert Lafranco describe the difficulty…more
| Administrative Law, Business Organizations, Finance & Banking, International Law & Trade, Taxation

Rolling GRATS and Shelf GRATS: Time To Lock In Low Interest Rates

Rolling GRATS and Shelf GRATS: Time To Lock In Low Interest Rates by James F. McDonough, Jr. on July 25, 2013 A practitioner commented many years ago that the effectiveness of a tax planning technique can be measured by…more
| Taxation

The MarketPlace Fairness Act: Does It Foreshadow a Value Added Tax

The MarketPlace Fairness Act: Does It Foreshadow a Value Added Tax by James F. McDonough, Jr. on May 13, 2013 The Senate passed The Marketplace Fairness Act (the “Act”) and sent the bill for consideration to the House. …more
| Taxation
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Areas of Practice
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  • Business Torts
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