2008 AP Bulletin Archive Page

Income in Respect of a Decedent: A Posthumous Lesson in Effective Charitable Giving: Private Letter Ruling 2008-45-029 (November 7, 2008)
Inflation and Cost of Living Adjustment Figures for 2009
Brief Summaries

Selected Provisions of the Emergency Economic Stabilization Act of 2008
Giving Made Easier: Annual Exclusion for Gifts Increased to $13,000 in 2009
Using a Disclaimer to Mop Up a Taxation Mess: Private Letter Ruling 2008-40-023 (October 3, 2008)
Limited Liability Companies and S Corporation Elections: Private Letter Ruling 2008-39-003 (September 26, 2008)

S Corporation Regulations Updated to Reflect Recent Legislative Changes
Having Your Vista and Sharing It Too The Conservation Easement: Private Letter Ruling 2008-36-014 (September 5, 2008)
Brief Summaries

A Primer on Asset Protection, Part II, by Andrew J. Willms, JD, LLM and Maureen L. O’Leary, JD, Willms, SC
Long-Term Care and 2010 – What’s the Deal with “Combo” Products and Paying LTC Premiums with Cash Values from Life and Annuity Contracts?
Long-Term Care, Cafeteria Plan, and Alphabet Soup – A Primer on How and When HSAs, HRAs, FSAs and Other Arrangements Can Be Used to Pay for LTC
Two Private Split Dollar Rulings, “One Old, One New”: Private Letter Rulings 2008-22-003 (May 30, 2008) and 2008-25-011 (June 20, 2008)
Improperly Framed Book Value in Buy Sell Agreement Leads to Stalemate and Dissolution: Ehlinger v. Hauser, 2008 WI App. 123 (Wisc. App. IV, July 24, 2008)
The Effect of Premium Payments and Death Proceeds on an S Corporation’s AAA: Revenue Ruling 2008-42, 2008-30 I.R.B. 1

Annuity Contracts inside Retirement Plan by Natalie B. Choate, Esq.
Section 409A “Plan in Writing” Deadline Inches Closer – Contact Your Clients Now!
Don’t Believe Anything You Hear – IRS Changes its Tune on Partial Exchanges of Annuity Contracts Under Revenue Procedure 2008-24, 2008-13 I.R.B. 1 (March 13, 2008)
Brief Summaries

Estate Planning and the Non-Citizen Spouse: Is a QDOT Really Necessary?
Reasonableness of Deferred Compensation: PK Ventures, Inc. et al. v. Comm’r, (CA 11th Cir., No.07-12245)
Brief Summaries

Planning with Low Rates – The Time Is Now
$64,000 Question Answered – No Estate Inclusion Due to Grantor’s Power to Swap Trust Property: Revenue Ruling 2008-22, 2008-16 I.R.B. 796 (April 17, 2008)
Brief Summaries

The Tax Consequences of Transferring a Life Insurance Policy from a Business to the Insured
Supreme Court Says 401(k) Plan Participant Can Sue Plan Fiduciary for Losses to 401(k) Account: LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. ____ (2008)
IRS Revises Guidance on Partial Exchanges of Annuity Contracts – Some Good, Some Bad, and Some Unknown: Revenue Procedure 2008-24, 2008-13 I.R.B. 1 (March 13, 2008)
“Look What We Found!” – The IRS Discovers Nonspouse Beneficiary Roth Conversions in Own Rules: Notice 2008-30, 2008-12 I.R.B. 638 (March 5, 2008)
New, But Predictable, Developments on StOLI: American General Life Ins. Co. v. Schoenthal Family, LLC and Liberty One Funding Trust, 2008 U.S. Dist. LEXIS 2973 (N.D. Georgia, January 15, 2008); W.Va. Code § 33-13C
Modification of Split Dollar Agreement is Not a Material Modification of Underlying Policy: Notice 2008-42, 2008-15 I.R.B. March 28, 2008
Brief Summaries

Nonqualified Deferred Compensation Plans: Why Administration Matters by Howard D. Stern, FSA, Vice President & Actuary, The Pangburn Company
IRS Denies Performance Compensation Exception to $1 Million Deductibility Cap for Public Company Executives: Revenue Ruling 2008-13, 2008-10 I.R.B. (February 21, 2008)
Top Hat Design Must Tip in Favor of a Select Group: Daft v. Advest, Inc., ____ F.Supp. ____ (N.D. Ohio 2008), Case No. 5:06-CV-01876
Brief Summaries

Time to Report Employer-Owned Life Insurance Policies; Here’s How: Form 8925
Free (of Income Tax) at Last? Using an ESOP to Sell a Business (February, 2008)
Classic Problem, Not-So-Classic Solutions: Using a GRAT to Fund Premiums on a Trust-Owned Life Insurance Policy
A Knight’s Round Table – No Clear End to the Question: Knight v. Comm’r, 552 U.S. ____ (2008)
Tax Court Denies Deductions For a § 419A(f)(6) Multiple Employer Plan… And It’s a Bad Omen for Many § 419(e) Plans Too: DeAngelis v. Comm’r, T.C. Memo 2007-360
More on Tax Shelters – Patented Tax Strategies, Circular 230 Regulations, and Tax Preparer Penalties: REG 129916-07 (September 26, 2007); Treasury Decision 9359 (September 25, 2007); and Notice 2008-13, 2008-3 I.R.B. 1 (December 31, 2007)
Brief Summaries