2004 AP Bulletin Archive Page

Recent Developments Highlight Importance of Planning for IRAs: Technical Advice Memorandum 2004-44-021 (October 29, 2004) and Smith v. U.S., (5th Cir. No. 04-20194, November 15, 2004)
Inflation and Cost of Living Adjustment Figures for 2005
Six of One? A Half Dozen of the Other? Comparing Cross Purchase and Redemption Buy-Sell Agreements
Brief Summaries

The American Jobs Creation Act of 2004 and the Working Families Tax Relief Act: A Selective Review
Bootleg Parts Supplier Provides Clarity on Reasonable Compensation: Beiner, Inc. v. Comm’r, T.C. Memo 2004-219 (September 28, 2004)
Life Insurance and IRAs: The Dynamic Duo
Brief Summaries

Tax Court Denies $13 Million of $20.6 Million Compensation Deduction: Menard Inc. v. Comm’r, T.C. Memo 2004-207 (September 16, 2004)
Another Brick in the Wall – IRS Scores Appellate Level FLP Victory: Estate of Thompson v. Comm’r, (3rd Cir. No. 03-3173, September 1, 2004)
Can You Keep A Secret? Update on Regulations Requiring Disclosure of Confidential Tax Shelters
Tax Underpayment Penalties, Their Defenses, and Whether A Plan Promoter’s Legal Opinion Really Protects You
Solutions for the Payment of Life Insurance Premiums
Brief Summaries

IRS Issues Final Regulations on Statutory Stock Options: T.D. 9144 (August 2, 2004), Treas. Reg. §§ 1.421 – 1.423
Compensatory Stock Option Plan Isn’t A Pension Plan Under ERISA: Adams v. Intralinks, Inc., 2004 U.S. Dist. LEXIS 13678 (July 20, 2004)
Disclaimer Provides Easy Win for IRS: Estate of Katz v. Comm’r, T.C. Memo 2004-166 (2004)
Flexible Estate Planning With Disclaimers
IRS Includes Proceeds of LLC-Owned Life Insurance in Insured’s Estate: Technical Advice Memorandum 2004-32-015 (August 6, 2004)
A New Attack on FLPs? Smith v. U.S., No. 02-264 ERIE (W.D. Pa) (09/04)
IRS Defers Decision on Grantor Trust Status: Private Letter Ruling 2004-34-012 (August 20, 2004)
Is Your Trust Defective? Options for Achieving Grantor Trust Status
Brief Summaries

Ninth Circuit Pulls Plug on “Grandfathered” Charitable Spilt-Dollar Plan: Addis v. Comm’r, Docket No. 02-73628 (July 8, 2004)
Grantor Trust Taxes: Something Old, Something New: Revenue Ruling 2004-64, 2004-27 I.R.B. 7 (July 6, 2004)
Tax Court Finds Indirect Stock Gifts on Transfers to Family Limited Partnership: Senda v. Comm’r, T.C. Memo 2004-160 (July 12, 2004)
Federal Credit Unions Can’t Establish Section 457 Plans: Private Letter Ruling 2004-30-013 (July 23, 2004)
Section 79 Group-Term Permanent Benefit Plans
Brief Summaries

Business Valuation for Estate Tax Purposes and Corporate-Owned Life Insurance: Estate of Blount v. Comm’r, T.C. Memo 2004-116 (May 12, 2004)
Buy-Sell Planning for the “Controlling” Shareholder
Using a Limited Partnership to Structure a Buy-Sell Agreement
An Eye for an Eye? Carefully Drafted Trusts Avoid Reciprocal Trust Doctrine: Private Letter Ruling 2004-26-008 (June 25, 2004)
Similar, But Not Too Similar: Avoiding the Reciprocal Trust Doctrine
Taxation of Disability Benefits Under Employer’s Disability Income Plan: Revenue Ruling 2004-55, 2004-26 I.R.B. 1081 (May 12, 2004)
IRS Finalizes (finally) Required Minimum Distribution Rules for Defined Benefit Plans and Annuities: Treas. Reg. §§ 1.401(a)(9)-6 and 1.401(a)(9)-8, T.D. 9130 (June 15, 2004)
Brief Summaries

Tax-Deductible COLI? IRS Rules on Insurance-Funded Nonqualified Deferred Compensation Plan Involving Corporation, Employee Leasing Firm, and Leased Employees: Private Letter Ruling 2004-19-006 (May 7, 2004)
Should I Stay Or Should I Go? If I Go Will There Be Trouble? And If I Stay Will It Be Double? Issues Employers Should Consider In Designing An Effective Deferred Compensation Plan
Combining A Split-Dollar Plan With A Nonqualified Supplemental Executive Retirement Plan
The Insanity Has Finally Ended – Or Has It – The Fifth Circuit Decides in Favor of the Taxpayer: Estate of Kimbell v. U.S., (5th Cir. No. 03-10529 (May 20, 2004)
How To Help Your Clients – And You – Fail! Hatleberg v. Norwest Bank, Wisconsin, 2004 Wis. Ct. App. 48 (February 24, 2004)
IRS Approves Creative Estate Equalization Planning: Private Letter Ruling 2004-13-011 (March 26, 2004)
Brief Summaries

Spousal Control Over Second to Die Insurance Without Estate Inclusion: Private Letter Ruling 2004-04-013 (January 23, 2004)
Maintaining Family Control Over Irrevocable Trust Assets
Maintaining Family Control Over Irrevocable Trust Assets Part 2: Celestial Control
IRS Wins the Battle, But The War Rages On: Estate of Abraham v. Comm’r, T.C. Memo 2004-39 (February 18, 2004)
The Perfect Storm, but the Imperfect Opinion: Hillgren v. Comm’r, T.C. Memo 2004-46 (March 3, 2004)
A Look at the Health of FLPs
An Unfavorable But Predictable Ruling on Insurance Death Proceeds, Accrual Basis S Corporations, and the Section 1377 Election: Private Letter Ruling 2004-09-010 (February 27, 2004)
Brief Summaries