August 2011

August 15, 2011: Estate Planning Presentation

Attorney David M. Beliveau will be presenting to Route 128 Practitioners Form ESTATE PLANNING SEMINAR PRESENTER: David M. Beliveau, Esq. DATE: August 15, 2011 LOCATION: Sheraton-Needham Hotel, Needham, MA SCHEDULE: 8:30 a.m. – 10:30 a.m. DESCRIPTION: Estate Planning  

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IRS has issued an Attorneys Audit Technique Guide for auditors reviewing attorney returns

IRS recently released a comprehensive Attorneys Audit Technique Guide (ATG) for auditors to use in reviewing returns of attorneys. It pinpoints the problem areas that IRS agents are instructed to probe for, explains in detail how attorney audits should be conducted, and lists the types of documents that should be requested and examined. Attorneys Audit Technique Guide The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provides legal

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PLR 201128011, the IRS has ruled that a reformation of a grandfathered generation skipping transfer trust will not trigger adverse tax consequences

In PLR 201128011, IRS has privately ruled that no adverse income or transfer tax consequences will result from reformation of a grandfathered generation-skipping transfer (GST) tax trust. The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state),

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In PLR 201128017, certain contracts issued by life insurance company to investment account owners are annuity contracts

In PLR 201128017,IRS has privately ruled that contracts offered by a life insurance company to certain investment account owners that obligate the company to pay a benefit if a customer’s account falls below a specified value, are annuity contracts under Code Sec. 72. Accordingly, any such benefits paid to the customers will be considered “amounts received as an annuity,” and the fees paid by the customers for the contracts will be factored into their investment in

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In Zapara v. Comm, Court orders IRS to credit taxpayer with amount lost by its failure to timely sell seized stock

In Zapara v Comm (CA 9 7/18/2011) 108 AFTR 2d ¶ 2011-5084 , the IRS appealed Tax Court’s ruling to the Court of Appeals for the Ninth Circuit.  This appeal presented the question, inter alia, of whether the Tax Court had jurisdiction in a hearing conducted pursuant to 26 U.S.C. § 6330 to review the Internal Revenue Service’s failure to comply with its statutory mandate under 26 U.S.C. § 6335(f).  The Appeals Court conclude that it did

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AARP’s new study shows huge tolls on family caregivers

The AARP has published Valuing the Invaluable 201:1 Update The Growing Contributions and Costs of Family Caregiving showing huge tolls on family caregivers.  The 2009 estimated economic value of family contributions was approximately $450 billion. See National Public Radio article relating to the study.  (audio available) The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications),

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Tax Court reaffirms that it has jurisdiction to hear whistleblower claims denied by the IRS

In Kasper, the tax court reaffirmed its decision in Cooper v. Commissioner, 135 T.C. 70 (2010), each Whistleblower Office letter that denies a whistleblower claim is a determination within the meaning of sec. 7623(b)(4), I.R.C.  The Tax Court has jurisdiction to review the matter, because it is a final administrative decision. The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and

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Warrants issued to shareholder not treated as “exercised” for Sec. 382 purposes

In PLR 1126002 IRS has privately ruled that warrants issued from a parent corporation to a shareholder as part of an exchange for the shareholder’s stock in the parent won’t be treated as exercised on the date of the exchange under Code Sec. 382(l)(3)(A)(iv) and Reg. § 1.382-4(d)(2). The shareholder also won’t be treated as owning any stock in the parent for purposes of Reg. § 1.382-3(j)(3)’s cash issuance exception immediately before the parent’s subsequent issuance and

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IRS issues proposed regulations regarding Ex Parte Communications Between Appeals and Other Internal Revenue Service Employees

Notice 2011-62 provides a proposed revenue procedure that will update Rev. Proc. 2000-43, 2000-2 C.B. 404, which provides guidance regarding ex parte communications between Appeals and other Internal Revenue Service functions. The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation

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