September, 2011 | The Beliveau Law Group - Attorneys at Law

Domestic per diem rates issued for year beginning in October (FY 2012)

The General Services Administration (GSA) has posted the federal domestic per diem rate table for fiscal year 2012 on its website. The rates are in effect from Oct. 1, 2011 through Sept. 30, 2012. Per diem rate information (including a FY 2012 downloadable rate file) can be accessed on the GSA website at http://www.gsa.gov/portal/category/21287. Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at the Beliveau Law Group provides legal services for estate planning

Employer information report (EEO-1) due September 30th

The deadline for filing the Employer Information Report (also known as the EEO-1 Report) with the Equal Employment Opportunity Commission (EEOC) is September 30th. The report must be filed by: (1) employers with federal government contracts of $50,000 or more who have 50 or more employees; and (2) employers who do not have a federal government contract but have 100 or more employees. The report requires employers to provide a count of their employees by job

Ninth Circuit finds Fifth Amendment inapplicable to offshore banking records

The Ninth Circuit held in M.H. v. United States of America No. 11-55712 (8/19/2011) that the Fifth Amendment privilege against self-incrimination may not be used by a taxpayer under grand jury investigation for the use of his undisclosed Swiss bank accounts. 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

Trust modification prevents drafting error from resulting in costly transfer tax

In PLR 201132017, the IRS ruled in this case, the documentation submitted by Surviving Spouse strongly indicates that Decedent and Surviving Spouse did not intend to have any control over the assets held in the By-Pass Trust, and that the provision in Section 4.01 of Trust to charge Surviving Spouse’s debts, expenses and death taxes from the By-Pass Trust was the result of a scrivener’s error. In reforming the By-Pass Trust, Court found that the modification

Final regs clarify prima facie evidence of delivery rule

TD-9543 Reg. § 301.7502-1, contains regulations amending a Treasury Regulation to provide guidance as to the only ways to establish prima facie evidence of delivery of documents that have a filing deadline prescribed by the internal revenue laws, absent direct proof of actual delivery. The regulations provide that the proper use of registered orcertified mail, or a service of a private delivery service (PDS) designated under criteria established by the IRS, will constitute prima facie evidence of

First Court of Appeals holds that estate tax payers are not entitled to a second filing extension; also refund claim was untimely filed

The Appeals Court has held in Dickdow v US pursuant to 26 U.S.C. § 6511(a), a taxpayer seeking such a refund must file his refund claim within three years of filing the tax return or within two years from the time the tax was paid, whichever is later. Furthermore, for taxpayers who claim a refund within three years of filing the return, § 6511(b)(2)(A) substantively limits the amount of any such refund to the portion of the

IRS extends deadline for second offshore voluntary disclosure offer

In light of Hurricane Irene, IRS extended the due date for 2011 OVDI requests until Sept. 9, 2011. Taxpayers who have not yet submitted their request or any documents must, by the extended Sept. 9 due date, (i) submit certain identifying and other information requested in the Offshore Voluntary Disclosures Letter to the Criminal Investigation (CI) office, and (ii) send a request for a 90-day extension to submit the complete voluntary disclosure package.

Paine vs. Sullivan decides issue of testamentary capacity – What went wrong?

John Sullivan was born in May 1912. He married his wife, Odette, in 1956. John and Odette did not have any natural born children of their own but adopted Odette’s sister’s children, Annabelle and Valerie. In 1995, Annabelle left the home after a falling-out and never reconciled with John or Odette. In 1995, John and Odette executed new wills disinheriting Annabelle. Valerie was to inherit the entire estate should there not be a surviving spouse. Valerie

IRS issues final regs for suspending interest and penalties under Sec. 6404(g)

IRS has issued final regs on the rules for suspending interest, penalties, additions to tax, or other additional amounts under Code Sec. 6404(g). The final regs, which generally adopt proposed regs with certain modifications, affect individual taxpayers who timely file income tax returns but are not given timely notice by IRS of their additional tax liability. TD-9545 Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at the Beliveau Law Group provides legal services

State of New Hampshire Real Estate Transfer Tax Declaration of Consideration

Changes were recently adopted by the State of New Hampshire relating New Hampshire RSA 78-B:10. The changes relate to the filing of a Declaration of Consideration form with the New Hampshire Department of Revenue and the actual declaration of buyer and seller. A copy of the enacted legislation can be found at http://www.gencourt.state.nh.us/legislation/2011/SB0042.html. Beginning August 13, 2011 buyers and sellers will need to sign separate Declaration of Consideration forms.

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Beliveau Law Group

September 2011