Decisions-
It is often the case that the optimal form of legal entity through which a business should operate, at least for income tax purposes, will depend in part upon the stage of its life cycle in which the business...more
6/20/2023
/ Acquisitions ,
C-Corporation ,
Federal Taxes ,
Investors ,
Limited Liability Company (LLC) ,
Liquidation ,
Partnerships ,
Pass-Through Entities ,
Reinvestment Funds ,
Shareholders ,
State Taxes ,
Tax-Free Transfers ,
Taxable Income
Estate Tax – It’s a Killer-
One of the reasons often given for eliminating the estate tax is the substantial economic burden it places upon the estate of a deceased business owner and upon the business itself. Specifically,...more
6/16/2023
/ Acceleration ,
Adjusted Gross Income ,
Business Assets ,
Business Ownership ,
Closely Held Businesses ,
Deceased ,
Decedent Protection ,
Estate Tax ,
Fair Market Value ,
Gift Tax ,
Installment Agreements ,
Irrevocable Life Insurance Trusts ,
IRS ,
Life Insurance ,
Redemption Agreement ,
Stock Ownership ,
Stock Purchase Agreement ,
Tax Liability ,
Testamentary Transfers
Something’s Wrong-
Of late, a not insignificant number of the business owners with whom I’ve been working have raised some concern over whether they are financially prepared for the next stage of their lives.
...more
6/6/2023
/ Business Expenses ,
Business Ownership ,
CEOs ,
Compensation ,
Dividends ,
Interest Rates ,
Investors ,
IRS ,
Tax Court ,
Tax Liability ,
Tax Planning ,
Transfers
The Supremes-
The Constitution has figured prominently in the news of late. In the days preceding the initial discussions among members of the Administration and the Congressional leadership regarding the debt ceiling,...more
5/24/2023
/ Debt Ceiling ,
Debt Collection ,
Federal Budget ,
Financial Records ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investigations ,
IRS ,
Notice Requirements ,
SCOTUS ,
Summons ,
Tax Liability ,
Third-Party
Hasta La Vista N.Y.-
Wealthy individuals continue to leave New York for tax friendlier jurisdictions.
Be Prepared-
Some of these taxpayers take a very methodical approach toward planning for their departure. They...more
5/18/2023
/ Administrative Law Judge (ALJ) ,
Audits ,
Capital Gains ,
Documentation ,
Domicile ,
Exit Tax ,
Income Taxes ,
Limited Liability Company (LLC) ,
Membership Interest ,
New York ,
Non-Resident Income Taxes ,
Purchase and Sale Agreements ,
Relocation ,
State Taxes ,
Tax Court ,
Taxation
At war with Russia in eastern Europe, a nascent competing world order, mass shootings and bank failures at home, questionable audit practices by the Big 4 . . . everywhere, debt ceilings and the risk of default, inflation,...more
5/12/2023
/ Capital Contributions ,
Capital Gains ,
Capital Investments ,
Fair Market Value ,
Future Profits ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investors ,
IRS ,
Limited Liability Company (LLC) ,
Liquidation ,
Partnership Interests ,
Partnerships ,
Profits Interests ,
Safe Harbors ,
Tax Court ,
Term Sheets
Charitable Giving Update-
According to a recent report on charitable giving, the number of donors at every level of giving dropped during the first three quarters of 2022. The number of new donors was down by over 19...more
5/3/2023
/ Articles of Incorporation ,
Bonuses ,
Burden of Proof ,
Capital Gains ,
Change in Control ,
Charitable Donations ,
Due Diligence ,
Gift Tax ,
IRS ,
Letters of Intent ,
Private Equity ,
Purchase Agreement ,
Registered Investment Advisors ,
Selling a Business ,
Shareholder Distributions ,
Stock Purchase Agreement ,
Tax Court ,
Tax Returns
A Dirty Business?
The art world is replete with tales of whodunits, forgeries, thefts, money laundering, looting of antiquities, murders, ancient curses, etc. You might say it’s a perfect environment for the more...more
4/27/2023
/ Artists ,
Financial Transaction Tax ,
Fine Art ,
NY Supreme Court ,
Personal Property ,
Resale Exemption ,
Retail Sales ,
Sales & Use Tax ,
Sales Tax ,
Sothebys ,
State Attorneys General ,
Tangible Property
Like Peas in a Pod?
What do private, not-for-profit colleges and hospitals have in common? There are quite a few items that come immediately to mind:
•They may qualify for exemption from federal income tax.
•Tax-exempt...more
4/20/2023
/ CHNA ,
Colleges ,
Exclusions ,
Executive Compensation ,
Exemptions ,
Federal Taxes ,
Financial Assistance Policies ,
Hospitals ,
IRS ,
Mayo Clinic ,
Net Investment Income ,
Public Charities ,
Tax Exemptions ,
Teaching Hospitals ,
UBIT ,
Unrelated Business Income Tax
On March 20, 2023, Senators Warren, Sanders, Van Hollen, and Whitehouse addressed a letter to Treasury Secretary Yellen in which they urged Yellen “to use [her] existing authority to limit the ultra-wealthy’s abuse of trusts...more
4/11/2023
/ AFR ,
Estate Tax ,
Fair Market Value ,
Gift Tax ,
Grantor Trusts ,
Heirs ,
Irrevocable Trusts ,
IRS ,
Tax Avoidance ,
Tax-Free Transfers ,
Trusts ,
U.S. Treasury
Every year, the IRS compiles a list of common scams that taxpayers may encounter – its so-called “Dirty Dozen.”
Today, the Service wrapped up the annual Dirty Dozen list of tax scams for 2023 with a reminder for taxpayers,...more
4/6/2023
/ Charitable Deductions ,
Charitable Remainder Trust ,
Criminal Investigations ,
Digital Assets ,
Email ,
Employee Retention ,
Foreign Bank Accounts ,
Fuel Tax ,
IRS ,
Misleading Statements ,
Offer-in-Compromise ,
Offshore Banks ,
Online Platforms ,
Phishing Scams ,
Scams ,
Social Media ,
Tax Avoidance ,
Tax Credits ,
Tax Preparers ,
Text Messages ,
Third-Party
Many years ago, New York revised its personal income tax law to achieve close conformity with the Federal system of income taxation. The stated purpose for the revision was to simplify tax return preparation, improve...more
3/27/2023
/ Adjusted Gross Income ,
Audits ,
Documentation ,
Income Taxes ,
IRS ,
New York ,
Real Estate Professionals ,
Rental Property ,
State Taxes ,
Tax Appeals ,
Tax Deductions ,
Taxable Income ,
Taxation
What Is It?
Where one stands on an issue of tax law may depend upon context and perspective, including the facts and circumstances one finds relevant, and whom one is counseling or representing.
Tax advisers often find...more
3/23/2023
/ Broker-Dealer ,
Capital Assets ,
CCA ,
Charitable Deductions ,
Investors ,
IRS ,
Limited Liability Company (LLC) ,
OCC ,
Partnership Interests ,
Partnerships ,
Securities ,
Tax Exemptions
The Budget and Accounting Act of 1921 established the requirement that the President submit a budget to Congress for the upcoming fiscal year. Among other things, the proposed federal budget affords the President an...more
3/13/2023
/ C-Corporation ,
Capital Gains ,
Estate Tax ,
Federal Budget ,
Gift Tax ,
Grantor Retained Annuity Trusts (GRATs) ,
Grantor Trusts ,
IRS ,
Joe Biden ,
NIIT ,
S-Corporation ,
Tax Deferral ,
Tax Increases ,
Tax Rates
Have you ever wondered whether you were barking up the wrong tree? That the solution to a problem may be found, not in the approach to which you were already committed and invested, but in an altogether different direction?...more
3/9/2023
/ Adjusted Gross Income ,
Business Expenses ,
Closely Held Businesses ,
Foreign Corporations ,
Income Taxes ,
IRS ,
Joe Biden ,
Partnerships ,
S-Corporation ,
Self Employed ,
Tax Court ,
Tax Evasion ,
Tax Increases ,
Wealth Tax ,
Wire Transfers
History is replete with examples of leaders who chose to battle, or who were forced into defending against, enemies on two fronts. Rarely did it end well for the combatant that occupied the middle ground.
In a sense, New...more
3/1/2023
/ Amicus Briefs ,
Bona Fide Relationship Test ,
Connecticut ,
Coronavirus/COVID-19 ,
Double Taxation ,
Income Taxes ,
Local Revenues ,
New Jersey ,
New York ,
Non-Resident Income Taxes ,
Non-Residents ,
Out-of-State Employees ,
Remote Working ,
State Taxes ,
Tax Policy ,
Tax Revenues ,
Telecommuting
There have been some interesting developments of late with respect to the ownership of real property in parts of the English-speaking world. For example, Canada has imposed a temporary ban on the purchase of such property by...more
2/22/2023
/ Beneficial Owner ,
Beneficiaries ,
Canada ,
Corporate Transparency Act ,
Estate Tax ,
Estate-Tax Exemption ,
FinCEN ,
FIRPTA ,
Foreign Corporations ,
Foreign Investment ,
Foreign Nationals ,
Foreign Ownership ,
Gift Tax ,
Investment Portfolios ,
IRS ,
Non-Citizens ,
Non-Resident Aliens ,
Qualified Domestic Trust (QDOT) ,
Residential Property Owners ,
Title Insurance
On Monday, February 20, we celebrate the birthday of George Washington.
We honor this extraordinary individual who, in 1775, was unanimously selected by the otherwise fractious Continental Congress as the commander in chief...more
State of the “Union”
Did you watch the President’s state of the union address the other night? Was it as you expected? Were you hoping for something more? Were you disappointed? Did you find it informative? Maybe...more
2/13/2023
/ Capital Assets ,
Debt ,
Dischargeable Debts ,
Fair Market Value ,
FIRPTA ,
Foreign Ownership ,
Foreign Taxpayers ,
IRS ,
Joe Biden ,
Lenders ,
Purchasers ,
Short Sales ,
State of the Union ,
Tax Liability
According to a report issued by the National Association of Realtors a couple of days ago, last year saw a large outmigration of people from California and New York, while Florida and Texas experienced a comparably large...more
2/3/2023
/ Beneficiaries ,
Closely Held Businesses ,
Domicile ,
Estate Planning ,
Exemptions ,
Gifts ,
Grantor Trusts ,
Income Taxes ,
New York ,
Non-Residents ,
Settlors ,
State and Local Government ,
Tax Liability ,
Trusts ,
Value Appreciation ,
Wealth Tax
Last Thursday, New York State Senator Gustavo Rivera, who represents the 33rd District (basically, the northwestern quadrant of The Bronx), proposed legislation that seeks to collect more taxes from the State’s high-income...more
1/26/2023
/ Capital Gains ,
Estate Tax ,
High Net-Worth ,
Income Taxes ,
Net Investment Income ,
New York ,
Selling a Business ,
State Taxes ,
Tax Increases ,
Tax Rates ,
Taxable Income ,
Trusts ,
Wealth Tax
Debacle-
Understanding the etymology of a word often enables us to better understand or appreciate its use in contemporary speech. For example, the word “crypto” is derived from the Greek word “krypto,” which describes...more
1/20/2023
/ Bitcoin ,
Capital Gains ,
Cash Value ,
Cryptocurrency ,
Debentures ,
Digital Assets ,
Fair Market Value ,
Federal Taxes ,
Investment ,
IRS ,
OCC ,
Tax Deductions ,
Tax Losses ,
Virtual Currency
Every now and then, some well-meaning colleague will ask how I spend my free time. I usually pause before responding – to gather my thoughts – which prompts them to restate their question with what they believe is greater...more
1/13/2023
/ Business Income ,
Business Profits ,
Income Taxes ,
Investment ,
IRS ,
Loans ,
Profits ,
Tax Court ,
Tax Deductions ,
Tax Losses ,
Tax Planning ,
Taxable Income
Last Friday, December 30, 2022, during the final hours of the 117th Session of Congress, the House Ways and Means Committee – through which all tax legislation passes – released redacted versions of six years of Mr. Trump’s...more
1/5/2023
/ Audits ,
Business Expenses ,
Business Losses ,
Closely Held Businesses ,
Donald Trump ,
IRS ,
Loans ,
Tax Avoidance ,
Tax Legislation ,
Tax Liability ,
Tax Reform ,
Ways and Means Committee
Lately I’ve been thinking about the many ways by which members of the public transfer funds to government and the many reasons for which such transfers are made. After all, we’re still in the “season of giving.”...more
12/29/2022
/ Black Market ,
Cannabis Products ,
Excise Tax ,
Jurisdiction ,
Licensing Fees ,
Lottery ,
Online Gaming ,
Property Tax ,
Quid Pro Quo ,
Recreational Use ,
Sales Tax ,
Sports Gambling ,
State and Local Government ,
Tax Revenues ,
Tobacco ,
Voluntary Payments