Fundamentals of Probate Litigation (10/24/2017) by Dan Mellor, Esq. -   Administration Procedure and Timing According to an article in the AAA Dispute Resolution Journal, an estimated $41 trillion of wealth will be transferred from the “Greatest Generation” to their children, the Baby Boomers, between 1998 and 2052.  This massive transfer of wealth through estates both large and small has […]
Reform or Repeal – Regulations Identified as Imposing Undue Burden on Taxpayers (10/3/2017) by Kristin Schmid, Esq. - The Secretary of the Treasury has identified eight regulations that it intends to modify or repeal as instructed by Executive Order 13789.  Under the Executive Order, the Treasury was given sixty (60) days to review all “significant tax regulations” issued on or after January 1, 2016 in order to identify […]
International Reporting Failures Create Penalty and Statute of Limitations Problems (9/14/2017) by Patrick J. McCormick, Esq. - An ever-growing number of businesses and individuals are going global. Familiarity with the U.S. tax forms that are necessary to properly disclose foreign assets and interests is thus paramount. Four critical forms – Foreign Bank Accounting Re-port (FBAR), 8938, 8621, and 3520 – are summarized, including applicable penalties. K&D associate, Patrick […]
A Whiff of Fraud? (8/30/2017) by James B. Evans, Jr. -   The New Jersey Tax Court recently addressed, for the first time, the State’s civil fraud tax penalty. The New Jersey Division of Taxation may impose a civil fraud penalty if any part of a state tax assessment is due to the taxpayer’s fraud. The penalty is 50% of the […]
IRS Announces Late Portability Election Relief for Eligible Estates (7/6/2017) by Briele N. Haas, Esq. - On June 9, 2017 the Internal Revenue Service (the “IRS”) published Revenue Procedure 2017-34 (“Rev. Proc. 2017-34”) to announce a new simplified procedure for particular estates to obtain an extension of time to file a federal estate tax return and make a “late” portability election. First introduced into federal law […]
Christie Vetoes ‘Home-Sharing’ Tax Bill (6/27/2017) by Samantha Heaton, Esq. - UPDATE: On Friday, July 21, 2017, Governor Christie vetoed Assembly Bill No. 4587, which bill would have imposed State sales and use tax and hotel and motel occupancy fees on transient accommodations like those provided through Airbnb. In support of the veto, Governor Christie stated “I strongly believe that levying new […]
Tax Court Case Highlights New Jersey Inheritance Tax “3-Year Rule” (6/12/2017) by Glenn A. Henkel, Esq. - Estimated Read Time: 3.7 minutes. Much has been written about the pending repeal of the New Jersey Estate Tax in 2018. As is usually noted, the repeal of the estate tax does not have an effect on the New Jersey inheritance tax, which will remain in effect. The New Jersey […]
Can a Partner/LLC Member be Treated as an Employee? (6/7/2017) by Arthur A. DiPadova, Esq. - Estimated Read Time: 4.7 minutes. We are often asked whether an LLC, which is treated as a partnership for income tax purposes, can pay a member as an employee on a W-2 rather than simply making gross distributions from which the member pays self-employment taxes and makes quarterly estimated payments […]
Haas Presents Extreme CLE ’17 (5/22/2017) by Gina DiMaio -   K&D associate, Briele Haas, was among a group of speakers who took part in the Camden County Bar’s successful CLE program “Extreme CLE ‘17”, on March 24, 2017. Mrs. Haas presented the program on IRA’s and Estate Planning. The one-day event, which offered 16 programs, gave attorneys the opportunity to earn […]
Key Estate Planning Concepts for International Clients (4/18/2017) by Patrick J. McCormick, Esq. - K&D associate, Patrick J. McCormick, authored the below article, “Key Estate Planning Concepts for International Clients”, which will appear in the forthcoming June 2017 issue of Estate Planning, a nationally recognized journal published by Thomson Reuters, and again in a Summer 2017 issue of the Journal of International Taxation, also published […]
New Jersey Estate Tax Repeal: What You Need to Know! (3/10/2017) by Glenn A. Henkel, Esq. - Estimated Read Time: 5.4 minutes. Glenn A. Henkel authored the following article “New Jersey Estate Tax Repeal: What You Need to Know!” which has been featured in the March 2017 (Vol. 65, No. 7) issue of The Barrister, a monthly circular published by the Camden County Bar Association. Last October, Governor Christie […]
PODCAST: When Civil Tax Cases Become Criminal (3/6/2017) by Patrick J. McCormick, Esq. -   K&D associate, Patrick J. McCormick recently recorded a podcast, “When Civil Tax Cases Become Criminal“, with the Pennsylvania Institute of Certified Public Accountants on basics of criminal tax exposure. From the PICPA website: “Civil tax failures that elevate to criminal tax exposure is a scary thought for CPA practitioners. […]
Changes to the New Jersey Tax Laws Warrant Immediate Attention! (2/6/2017) by Glenn A. Henkel, Esq. - Estimated Read Time: 10.9 minutes. Glenn Henkel’s most recent article, Changes to the New Jersey Tax Laws Warrant Immediate Attention!, originally appeared in the Philadelphia Estate Planning Council’s Winter Newsletter Vol. XXVI, No. 2., posted on January 12, 2017. Mr. Henkel is currently a member of the Board of Directors of […]
IRS Releases Notice 2016-66 To Further Contest Small Captive Structures (11/15/2016) by Patrick J. McCormick, Esq. - Estimated Read Time: 3.1 minutes. On November 1, 2016, the Internal Revenue Service released Notice 2016-66, identifying “micro-captive transactions” (including certain small captive insurance companies) as transactions of interest.  Involvement in such transactions can, under Treas. Reg. § 1.6011-4, necessitate heightened reporting requirements, both for participants and for their advisors.  […]
NJ Estate Tax Repealed, Whats Next? (11/1/2016) by Glenn A. Henkel, Esq. - On October 14th, New Jersey Governor Chris Christie signed legislation raising the state’s gas tax by 23 cents per gallon, from the 49th highest in the nation to the sixth, to help replenish the state’s expired transportation trust fund. As a trade off, the bill will lower the New Jersey […]
Use of Trusts in Planning for Possible Divorce of Trust Beneficiary- MASSACHUSETTS CASE: PFANNENSTIEHL (10/21/2016) by Glenn A. Henkel, Esq. -   BACKGROUND One common discussion point clients ask about is “What can I do to protect my child’s inheritance (or gift) due to a child’s bad marriage?” In that discussion, clients can consider placing assets in a trust because the assets maintained in the trust should receive more protection. The […]
OVDP or Streamlined: Choosing an Offshore Disclosure Program (7/25/2016) by Patrick J. McCormick, Esq. - Patrick McCormick published a featured article in the July 11, 2016 edition of Tax Notes International, the most-cited international tax journal in the United States.  The article, republished with permission from Tax Notes International, can be downloaded in PDF format using the link below. Click Here to download the full […]
Pending Legislative Update (6/24/2016) by Kulzer & DiPadova, P.A. - A proposal to phase out the New Jersey estate tax passed Senate and Assembly committees on June 23. The proposal would increase the New Jersey estate tax exemption from $675,000 in 2016 to $1 million for 2017 decedents, $2 million for 2018 decedents and $3 million for 2019 decedents. After 2020, the State’s estate […]
Directed Trusts – Jewel Inside the UTC (4/1/2016) by Glenn A. Henkel, Esq. - The following article written by K&D shareholder, Glenn A. Henkel, and was recently featured in The Barrister (April 2016, Vol. 64, No. 9)  published by the Camden County Bar Association. On January 19, 2016, Governor Christie signed Assembly Bill 2915/Senate Bill 2035, known as the “Uniform Trust Code” (“UTC”), as Chapter 276, […]
The New Jersey UTC: The Time Has Come (1/26/2016) by Glenn A. Henkel, Esq. - The following article by K&D shareholder, Glenn A. Henkel, was originally published in the New Jersey Law Journal on July 24, 2014. The Uniform Trust Code was fully enacted in New Jersey on January 19, 2016, and will go into effect on July 17, 2016. Mr. Henkel, a main advocate […]