This is the landing page for my fortnightly newsletter, Jack Straw, which will be posted in .pdf format. The newsletter is distributed free to subscribers by e-mail through MailChimp.
volume 2, number 11
| volume_two_number_eleven.pdf |
A federal court has invalidated the rev. proc. relieving (c)(4)s of the obligation to identify substantial contributors. The ABA Taxation Law section asks for formal guidance allowing late allocations of the temporarily increased exemption from generation-skipping transfer taxes to pre-2018 transfers. And we go deep into the weeds on the "total return" pooled income fund.
| bullock_order_073019.pdf |
| james_grewal_sj_memo_072919.pdf |
| rev._proc._88-53.pdf |
volume 2, number 10
| volume_two_number_ten.pdf |
The "stretch" IRA is not dead yet, even if something like the House bill passes both chambers. We have proposed regs on the 1.4 pct. excise tax on income from endowments held by a handful of private colleges and universities. Three states and a village sue to invalidate the recently finalized regs targeting SALT cap workarounds. And the 7520 rate continues to drop.
| 19-6642_complaint_071719.pdf |
| 19-6654_complaint_071719.pdf |
volume 2, number 9
| volume_two_number_nine.pdf |
The decision in Kaestner Trust is limited to a small subset of its facts. We have final regs on SALT cap workarounds. And Nina Olson says IRS is failing to do the necessary screening on "streamlined" exemption applications.
volume 2, number 8
| volume_two_number_eight.pdf |
We have a result in RERI Holdings, we have more pushback against Rev. Proc. 2018-38, and we have another letter ruling to pick apart.
| joint_letter.pdf |
| bullock_v._irs_first_amended.pdf |
| reply_brief_sj_motion_bullock.pdf |
volume 2, number 7
| volume_two_number_seven.pdf |
A pair of letter rulings allowing a trust beneficiary with a limited appointment power to escape estate tax inclusion of insurance on her life. A lawsuit to force the Treasury and IRS to explain their thinking in allowing (c)(4)s not to disclose their major contributors. And a couple of state court decisions. What is not to like.
| rr_95-58.pdf |
| rr_84-179.pdf |
| rr_73-142.pdf |
volume 2, number 6
| volume_two_number_six.pdf |
A brief recap of oral argument in Kaestner Trust, a questionable decision from an intermediate appellate court in New York, another call for priority guidance projects, and the continuing downward trend of the 7520 rate.
volume 2, number 5
| volume_two_number_five.pdf |
The petitioner has filed its reply brief filed in Kaestner Trust, and we have oral argument tomorrow. The foundation that operated the Panera Cares "pay what you can" cafes is fighting the revocation of its exempt status in the Tax Court. And the Senate Finance Committee leadership has joined the fray on syndicated conservation easements.
| panera_petition_5198-19-x.pdf |
| panera_examiners_report_886-a.pdf |
| panera_form_1023.pdf |
| panera_determination_letter_1045.pdf |
| panera_foundation_990_for_calendar_2012.pdf |
| panera_foundation_financials_2011-2012.pdf |
| oppose_zak_motion_dismiss.pdf |
| oppose_clark_motion_dismiss.pdf |
| reply_ecovest_response_motion_to_strike.pdf |
volume 2, number 4
| volume_two_number_four.pdf |
Another batch of ING rulings, including one with a new wrinkle, and IRS maybe gets it wrong. A lengthy footnote on Kaestner Trust, and some other bits and pieces.
| trust_instrument.pdf |
| bernstein_affidavit.pdf |
| explanation_of_changes_new_york.pdf |
| zak_et_al_complaint.pdf |
| answer_ecovest.pdf |
| motion_to_strike_affirmative_defenses.pdf |
| zak_motion_dismiss.pdf |
| clark_motion_dismiss.pdf |
| ecovest_response_to_motion_to_strike.pdf |
volume 2, number 3
| volume_two_number_three.pdf |
The 9th Circuit decision in Estate of Dieringer "accomplishes a rough justice, but it cannot serve as a coherent precedent." Also, another letter ruling elevating form over substance, some comments submitted on whether excess deductions on termination are "miscellaneous itemized," a downward trend in the 7520 rate, and more.
| e-mail_to_parillo.pdf |
| desoto_chancery_judgment_amended.pdf |
volume 2, number 2
| volume_two_number_two.pdf |
In which we open a can of worms. In light of the recently finalized substantiation regs, do we need to completely rethink how we document the value of the deductible remainder in a charitable remainder trust?
volume 2, number 1
| volume_two_number_one.pdf |
Back on track after the partial shutdown.
A quick glance at some items that have come down during the hiatus, a preview of items we are planning to cover in upcoming issues, and a long form piece on an appeal pending in the Arizona courts from the dismissal of a claim against a decedent's estate.
A quick glance at some items that have come down during the hiatus, a preview of items we are planning to cover in upcoming issues, and a long form piece on an appeal pending in the Arizona courts from the dismissal of a claim against a decedent's estate.
| order_granting_summary_judgment.pdf |
| goddard_letter_061515.pdf |
| kirven_letter_071515.pdf |
| hiatt_affidavit.pdf |
| divorce_decree.pdf |
| divorce_settlement.pdf |
| obituary.pdf |
| decedents_will.pdf |
| stipulation_for_distribution.pdf |
| opening_brief.pdf |
| opening_brief.pdf |
| response_brief.pdf |
| reply_brief.pdf |
| petition_for_review.pdf |
| response_to_petition_for_review.pdf |
volume 1, number 12
| volume_one_number_twelve.pdf |
When might a QTIP remainder not be taxable by the state in which the surviving spouse resides.
volume 1, number 11
| volume_one_number_eleven.pdf |
Somewhat ahead of schedule, because.
volume 1, number 10
| volume_one_number_ten.pdf |
Three short items. What a fortnightly should be.
volume 1, number 9
| volume_one_number_nine.pdf |
Odds and ends collected over the past few weeks.
| response_brief_reri.pdf |
| reply_brief_reri.pdf |
volume 1, number 8
| volume_one_number_eight.pdf |
The best laid plans. I had intended to write up the decision in Sveen v. Melin, but something came up.
volume 1, number 7
| volume_one_number_seven.pdf |
Pour yourself a cup of joe and let's read through a few private letter rulings together.
volume 1, number 6
| volume_one_number_six.pdf |
With issue six, we test the limits of the asterisk signifying "or occasional." A sort of mixed bag here of IRS notices, state legislation, oral argument on an appeal from the Tax Court, and the new ACGA rates. It's good to be back.
| section_11051.pdf |
| crpt-115hrpt-_466_excerpt.pdf |
| majority_summary_excerpt.pdf |
| hc_16_page_9.pdf |
volume 1, number 5
| volume_one_number_five.pdf |
In issue five, we take a break from the long form essay for a couple of shorter pieces, one analyzing a pair of recent letter rulings dealing with the consequences of the misreporting of split gifts to trusts with skip potential, and another briefly discussing a recent Tax Court decision disallowing on what might be seen as a technicality a claimed deduction for the contribution of a conservation easement.
| opening_brief_reri.pdf |
| e-mail_to_committee_re_sb_311_hearing_032818.pdf |
| e-mail_to_french_re_sb_311_consent_calendar_report.pdf |
volume 1, number 4
| volume_one_number_four.pdf |
In issue four, we discuss the recent settlements in five federal lawsuits arising from IRS' use of "inappropriate criteria" to select several hundred applications for exempt status -- mostly from (c)(4) advocacy orgs -- for "heightened scrutiny" to ascertain whether these might be engaged more than insubstantially in political activity. The Justice Department says we are done, but there are still, shall we say, a couple of loose ends.
| amended_complaint_z_street.pdf |
| z_street_application_122809.pdf |
| response_to_ltr_1312.pdf |
| gentry_affidavit.pdf |
| waddell_affidavit.pdf |
| memo_opposing_motion_to_dismiss.pdf |
| memo_not_moot.pdf |
| memo_supporting_motion_to_dismiss.pdf |
| proposed_consent_order.pdf |
| modified_consent_order.pdf |
| linchpins_of_liberty_consent_order_102717.pdf |
| true_the_vote_consent_order_012118.pdf |
| freedom_path_070717.pdf |
| freedom_path_112817.pdf |
| norcal_class_certified.pdf |
| norcal_motion_protective_order.pdf |
| norcal_order_051817.pdf |
| norcal_summary_judgment_motion_memo.pdf |
| norcal_motion_to_seal.pdf |
| norcal_enquirer_motion_to_unseal.pdf |
| norcal_amicus_ohio.pdf |
| norcal_amicus_judicial_watch.pdf |
| lerner_e-mail_to_ingram_012210.pdf |
| lerner_e-mail_to_paterson_110212.pdf |
volume 1, number 3
| volume_one_number_three.pdf |
In the third issue, we look at the Craig Trust controversy now pending argument before the New Hampshire supreme court, and at an eleventh-hour effort to control the outcome through legislation. SB 311 would "clarify" a 2004 statute importing the rules of construction applicable to wills into the trust code, by carving out the pretermitted heirs statute.
| interlocutory_transfer_order.pdf |
| opening_brief_craig.pdf |
| response_brief_craig.pdf |
| reply_brief_craig.pdf |
| amicus_brief_craig.pdf |
| 012104_hearing_hb1224.pdf |
| 041304_hearing_hb1224.pdf |
| 010918_hearing_sb311.pdf |
| sc_7_page_2.pdf |
volume 1, number 2
| volume_one_number_two.pdf |
In the second issue, we examine the decision of the 10th Circuit federal appeals court in Green v. United States, No. 16-6371, reversing an Oklahoma district court that had allowed a trust an income tax charitable deduction under section 642(c) at fair market value for a contribution of appreciated property that had been purchased, it was said, from prior years' income. Copies of the trial court decision and of the briefs on appeal are posted here as well, together with excerpts of the record on appeal discussed in the newsletter.
| 01237_doc_48.pdf |
| green_opening_brief.pdf |
| green_response_brief.pdf |
| green_reply_brief.pdf |
| green_surreply.pdf |
| explanation.pdf |
| 8283s.pdf |
| driskill_memo.pdf |
volume 1, number 1
| volume_one_number_one.pdf |
The first issue, posted here, focuses on the decision of the New Hampshire supreme court in Hodges v. Johnson, No. 2016-0130 (12/12/17), affirming the result, if not the rationale, of a probate court order setting aside a series of purported decantings from two irrevocable trusts and removing the co-trustees. Copies of the trial court decision and of the briefs on appeal are posted here as well, together with the motion for rehearing and the objection to that motion.
| trial_court_order_hodges.pdf |
| opening_brief_hodges.pdf |
| response_brief_hodges.pdf |
| reply_brief_hodges.pdf |
| amicus_brief_hodges.pdf |
| motion_for_rehearing_hodges.pdf |
| objection_to_motion_for_rehearing_hodges.pdf |
| motion_for_leave_to_reply_to_objection_hodges.pdf |
| objection_to_motion_for_leave_to_reply_hodges.pdf |
| rehearing_denied_hodges.pdf |
| morse_v._kraft_466_mass._92__2013_.pdf |