Tax and Estate Planning Practice Area Alert

 
 
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NEWS

Law firm fined for circumventing IRS levy

May 7, 2010 3:15 PM

A law firm that was subject to federal tax levies on a partner’s “salary” was required to surrender to the government the funds that it instead paid to the partner as “draws,” the 2nd Circuit has ruled in affirming judgment.

Click here for the Lawyers USA Taxation law page.

Required minimum distributions back in 2010

May 3, 2010 9:59 AM

After taking a year off in 2009, required minimum distributions are back.

In other news...

Taxpayer can’t establish dependency exemptions: A father could not establish his entitlement to dependency exemptions for his federal income tax based on an initialed copy of the separation agreement from his divorce, the U.S. Tax Court has ruled in upholding a $3,600 deficiency assessment.

Inheritance claim is time-barred: The discovery rule did not toll the statute of limitations for the reopening of probate proceedings to establish the inheritance rights of a woman who claimed that she was the non-marital child of a man who died in 1948, the Texas Supreme Court has ruled in reinstating a dismissal.

Beneficiary can’t sue lawyer for estate advice: A testamentary beneficiary can’t sue an attorney for malpractice in allegedly giving bad advice to the estate, the Virginia Supreme Court has ruled.

Annuity income doesn’t count for Medicaid eligibility: A community spouse’s income from a commercial annuity can’t be considered an available resource in determining an institutionalized spouse’s eligibility for Medicaid, the Missouri Court of Appeals has ruled in reversing denials of benefits.

‘Trial within a trial’ allowed in malpractice suit: A law firm may use the trial-within-a-trial doctrine to avoid liability for depriving a client of her rightful share of her husband’s estate - even though the parties had already engaged in the underlying litigation, Maryland’s highest court has ruled in reversing a summary judgment.

Click here for the Lawyers USA Taxation law page.

Taxpayer must report cancelled marital debt

April 26, 2010 2:38 PM

A taxpayer was required to report a cancelled debt as income when he filed his taxes - even though his former wife had assumed the obligation under the terms of his divorce, the U.S. Tax Court has ruled in upholding a $1,000 deficiency assessment.

Click here for the Lawyers USA Taxation page.

Surviving spouse can amend trust

April 19, 2010 4:39 PM

A surviving spouse can amend a community property trust's remainder distribution schedule after the first spouse's death, the New Mexico Supreme Court has ruled. 

In other news...

Health care reform bill offers many hidden changes: In addition to universal health care, the new reform law includes various provisions relevant to lawyers, including tax changes, an amendment to the Fair Labor Standards Act, new whistleblower provisions for hospital employees and other employment-related updates.

Click here for the Lawyers USA Taxation page.

Estate must pay generation-skipping transfer tax

April 12, 2010 11:29 AM

A decedent’s estate could not claim an exemption from the generation-skipping transfer tax for transfers from an estate trust to the settlor’s grandnieces and grandnephews, the 6th Circuit has ruled in affirming judgment.

 

Click here for the Lawyers USA Taxation page.

 

 

Settlement proceeds are taxable

April 5, 2010 11:19 AM

A taxpayer who failed to present evidence that her settlement proceeds were meant to be reimbursement for medical expenses must include the settlement as part of her gross income, the U.S. Tax Court has ruled.

 

 

In other news…

 

Law boosts foreign income tax reporting requirements: The new jobs bill signed into law by President Barack Obama this month imposed new reporting requirements on foreign banks and investment firms with American account holders.

 

Gambling pro can deduct losses: A taxpayer who read a few books on gambling and had reasons for gambling on certain days or at certain hours qualified as a professional gambler and could deduct her losses against her gambling income, the U.S. Tax Court has ruled.

Click here for the Lawyers USA Taxation page.

 
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