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Taxation & Estate Planning

California Tax Attorney Blog

Covers tax controversies and tax problems involving the IRS and California Franchise Tax Board, as well as California probate, business transactions and estate planning matters.
By Mitchell Port

Post Frequency: 3.3/day

Last Entry: April 01, 2011 at 08:53:58

Developments In The IRS Estate Tax Division

Posted on June 04, 2008
Estate tax audits continue to be scattered across the country. With the drop in the number of federal estate tax returns expected to be filed because of the increased filing threshold resulting from the provisions of the Economic Growth and...

Estate Planning Using A Post-Nuptial Agreement

Posted on June 02, 2008
There may be a trend in California of using post-nuptial agreements as a way of saving troubled marriages while accomplishing important estate planning goals.

Same-sex Domestic Partners Can Marry Without Dissolution

Posted on May 30, 2008
Gay and lesbian couples who are registered with the California Secretary of State as domestic partners do not have to dissolve that union before getting married.

No Right To A Civil Proceeding Before Bringing A Criminal Trial For Tax Evasion

Posted on May 27, 2008
Extreme tax collection methods at play and approved in the Second Circuit: A recent court decision held that due process does not require that a taxpayer be given the opportunity to litigate his/her tax position civilly or administratively before being prosecuted for tax evasion.

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Innocent Spouse Relief Requires Joint Tax Return

Posted on May 23, 2008
The 9th Circuit Court of Appeals recently held that to obtain innocent spouse relief, you must have filed a joint income tax return.

New IRS Publication On Innocent Spouse

Posted on May 21, 2008
Innocent spouse eligibility rules recently revised by the IRS.

California Supreme Court Overturns Gay Marriage Ban

Posted on May 19, 2008
The 4-3 California Supreme Court ruling found the state's ban on same-sex marriage unconstitutional and declared that gay couples have the same legal right to marry as heterosexual couples.

Most Frequently Asked Questions: Economic Stimulus Payments

Posted on May 14, 2008
California taxpayers waiting and wondering about their tax stimulus payment from the IRS can visit the IRS website for answers to frequently asked questions by clicking here. Other tax problems related to unpaid payroll taxes, unpaid income taxes or unfiled...

Where Should I Store My Will And To Whom Should I Give Copies Of My Estate Planning Documents?

Posted on May 12, 2008
Find out where to keep your original California Will, living trust and durable powers of attorney.

Is Your Estate Worth $5 Million Or Less?

Posted on May 09, 2008
Unique estate planning is available to those of us whose estates are relatively modest. In this posting is a list a ideas available to those who are not the super-wealthy.

Estate Planning For Persons With Less Than $5 Million

Posted on May 09, 2008
Download file...

Wesley Snipes Convicted

Posted on May 07, 2008
The judge in the Wesley Snipes tax evasion trial felt that probation or a similar light punishment would send the wrong message.

A Tax Morale Approach To Compliance

Posted on May 05, 2008
Why do people follow the law? The answer, under the traditional theory of compliance, is fear of detection and punishment. Recent literature reveals, however, that the decision to comply is not purely rational. Rather, personal values, social norms, and non-rational cognitive processes also strongly affect the decision.

California's Collection Procedures Manual

Posted on May 02, 2008
California makes its Procedures and Practices available online. One of its most popular resources is the Collection Procedures Manual which describes in detail the methods use by the Franchise Tax Board to collect unpaid income tax on income in California...

Closing Your California Business?

Posted on April 30, 2008
How do I dissolve, surrender, or cancel my business entity? Here's some useful information.

California's Enhanced Tax Revenue Collection Efforts

Posted on April 28, 2008
California's Franchise Tax Board (the FTB) may soon be able to suspend occupational and professional licenses because of unpaid income tax liabilities and notify the applicable licensing agency of the suspension.

Avoiding Probate Litigation

Posted on April 25, 2008
Multiple marriages, hostile family members, outdated wills and trusts, and dysfunctional families are just a few of the reasons probate litigation arises. Avoiding these causes for probate litigation is do-able.

Advance Health Care Directive For Your Child

Posted on April 23, 2008
The California advance health care directive is not just for grown ups. It is also a tool for young adults.

California Taxpayer Advocate

Posted on April 21, 2008
California has a taxpayer advocate whose job is to assist you with your tax problems. The website for the California Franchise Tax Board contains very useful information for those who want their tax problems handled fairly and promptly while you maintain the highest confidence in the efficiency, integrity and fairness of California's state tax system.

Resources For Your Business

Posted on April 18, 2008
California business owners have access to multiple business and tax resources to help run their business. Here are just a few....

California Estate Planning And Your Pets

Posted on April 16, 2008
To determine the amount of money that should be set aside in a trust for your pet, you should figure out how much will be spent for food and regular medical care for the estimated life of the animal and then add a substantial amount in case of major medical problems.

Military Personnel May Qualify For New Tax Rebate

Posted on April 11, 2008
Service members who would not otherwise file a federal income return, as a result of their nontaxable combat zone income, must now file a U.S. Individual Income Tax Return with the IRS by October 15 in order to receive the economic stimulus payment in 2008.

California Advance Health Care Directive

Posted on April 09, 2008
Do you need a free living will, advance health care directive or durable power of attorney for health care right away and which has been approved by the State of California or the California Medical Association? Then, read further....

Release of Lien Or Discharge Of Property

Posted on April 07, 2008
Still have a Federal tax lien on file? Want to get rid of it and have it released? New IRS regulations tell you how.

What To Do When Someone Dies

Posted on April 04, 2008
When someone who owns property in California dies anywhere in the world, a probate may be required in order for the heirs to get the property. Here is a checklist of steps to consider when someone dies to be sure that person's affairs are properly and completely wound-up.

Frivolous Tax Claims To Avoid

Posted on April 02, 2008
We may not avoid paying our fair share of taxes by making frivolous arguments such as those listed in this posting. The IRS publicizes these frivolous claims to help us understand the law and avoid penalties. A recent Notice (2008-14) lists positions identified as frivolous for purposes of the penalty under Internal Revenue Code section 6702 of the federal tax code for filing a frivolous tax return or submitting to the IRS a frivolous request for a collection due process hearing or application for an installment agreement, offer-in-compromise or Taxpayer Assistance Order...

What Is The Federal Estate Tax?

Posted on March 31, 2008
The Federal estate tax is a tax on the right to transfer property at death. The tax is applied to estates for which at-death gross assets, the "gross estate," exceed the filing threshold. Included in gross estate are real estate, cash, stocks, bonds, businesses, and decedent-owned life insurance policies...

New Questions And Changes On The Federal Estate Tax Return

Posted on March 28, 2008
Death and taxes. New rules apply to U.S. tax returns due upon death. Here's a sample of what has changed.

How To Write Your Own Will In California

Posted on March 24, 2008
A lot of people in California write their own will. California even has a statutory will available for anyone desiring to avoid estate planning. Both come with litigation or probate hazards requiring an attorney. But to help you write your own will, here are some steps to take to accomplish that.

Tax Scams ? The Top Twelve

Posted on March 20, 2008
The IRS recently issued its list of the 12 most prevalent tax scams we face as taxpayers. Don't become a victim. Consult a California tax lawyer if you are suspicious or think you may become involved in tax fraud.

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