Legal Portfolio
2009 Tax Court Litigation
Was retained to handle an estate tax case involving inter-family gifts of 44% of Family Limited Partnership (FLP). IRS issued tax deficiency notice for $940,000 (plus interest) in additional tax. IRS included gifts, alleging that decedent retained an interest under Sec. 2036, and denied FLP discounts. Filed Tax Court Petition and settled case (allowing all gifts and discounts) one week before trial, reducing the tax assessment from $940,000 to $39,000.
2009 Estate Issues
Represented surviving spouse in sale of New York real estate to resolve cloud on title due to succession of deaths of co-owners over the past 40 years.
2008 Criminal Tax Matter
Successfully represented construction contractor to avoid criminal prosecution and fraud penalties who allegedly withdrew substantial funds from closely-held corporation.
2008 Estate
Represented Executor in estate with difficult assets. Case involved representing estate to prevent demolition of house by City Building Department. Represented estate in mediation with brother who attempted to obtain Canadian real estate for himself. Assisted with recovery of substantial lost stocks to the estate.
2007 Spousal Benefits
Represented legally-divorced spouse after husband's death to assert common law marriage. Obtained court order of legal declaration of marriage. As a result, spouse received Social Security and company spousal medical benefits.
2007 Qualified Farm Property Discount
Minimized estate tax for estate through valuation discounting and Qualified Farm Property election on valuation of real estate using CAUV values.
2006 Expert Witness
Expert witness for insurance defense firm in dispute over responsible party to pay substantial IRS tax penalty.
2006 Estate Tax Return Correction and Planning
Assisted estate with amendment of husband's Federal estate tax return that was prepared by other probate attorney. By reallocating A and B Trust assets, saved significant estate tax at death of surviving spouse. Then set up Family Limited Partnership and established gifting program to save additional estate tax for family.
2006 Family Limited Partnership
Planned and implemented Family Limited Partnership to obtain significant discounting of estate taxes. Handled estate tax audit and received favorable settlement with IRS auditor.
2005 Estate Matter
After audit, IRS issued tax deficiency notice asking for $1.3 million in additional estate tax. IRS alleged higher value of family business. After preparation of Tax Court Brief and negotiation with IRS Appeals, settlement was made for $90,000 of tax, rather than $1.3 million.
2005 Estate Representations
Upon IRS audit, successfully excluded substantial life insurance proceeds from taxable estate where decedent continued to pay premiums up to date of death.
2005 Special Needs Planning
During mother's lifetime, prepared Trusts to provide special needs daughter with support while continuing her eligibility for Medicaid insurance benefits.
2003 Probate Spousal Litigation
Represented husband's estate in probate litigation to prevent second wife with prenuptial agreement from challenging husband's Will and Trust.
1996 - 2002 Business Planning Matter
Developed family plan to transfer company to children. Through gifting and tax-free sales, transferred 67% of company value to children. Company later sold for $43 million. Estate tax savings estimated at $14+ million.
2002 Probate Spousal Litigation
Represented second wife in probate litigation in obtaining substantial settlement against estate of husband who had disinherited her from his probate estate. In conjunction with the settlement, allowed wife to keep the benefits of an existing irrevocable marital trust.
2002 Probate Litigation
Represented Executor in court trial against a motion to Remove Executor and Concealment of Assets action. Amended detailed accountings and kept Executor from being removed.
2001 Florida Matters
Handled estate tax matters for significant Florida estate.
2001 Estate Appointment
Appointed by Probate Court to replace former Executor. Negotiated reduction in estate tax late payment penalty with IRS and recovered remaining tax penalty due to malpractice of former Executor and attorney.
1999 Probate Litigation
Successful representation of Executor in protracted court litigation requesting his removal.
1998 Investment Transfer
Initiated and implemented tax-free plan to transfer investment to children utilizing a Grantor Retained Annuity Trust (GRAT). Children's interest currently valued at $25 million. Estate tax savings estimated at $12 million.
1995 Guardianship Issues
To avoid court removal of Guardian, prepared highly-detailed accountings for 4 separate Guardianships for minors to show legal use of funds to Probate Court.
1995 Insolvent Estate Issues
Obtained substantial insurance proceeds through Trust for wife despite insolvency of estate and significant personal income taxes due by decedent.
1993 O'Neill v. Commissioner
In 1993, wrote the winning brief in the nationally-recognized tax case of O'Neill v. Commissioner, 994 F.2d (6th Cir. 1993). This case against the IRS allowed trustees to deduct investment management expenses without a 2% of income deduction. It is significant to any individual who uses an investment manager to handle his or her investment account. In 2008, the United States Supreme Court addressed this same issue in Knight v. Commissioner. They overturned O'Neill on a statutory construction basis.
