In the early 1960s, Tyrone Brown a young, tall, black man was arrested by the Chicago police for loitering. Tyrone (not his real name) was belligerent, calling the police many inflammatory names. After a few hours at the police station, the police took him to the hospital, his hands still cuffed tightly behind him. Tyrone died shortly thereafter of internal injuries, the result of severe blows to the abdomen.
Clyde Bowles, a young lawyer, was assigned by the then state’s attorney to head a special investigation to determine if the police were the cause of the injuries and Tyrone’s death.
Recently, U.S. District Court Judge Robert Gettleman sentenced TV pitchman Kevin Trudeau to 30 days in jail and fined him $5,000 for direct criminal contempt. Trudeau was found to have bombarded the judge's e-mail account with messages from supporters. The 7th Circuit is considering Trudeau’s appeal and specifically: the nature of Trudeau’s “speech”, whether Judge Gettleman exceeded his authority and whether Trudeau’s actions that resulted in a barrage of 300 emails to the judge’s blackberry should be considered “criminal.” These questions provide a backdrop to discuss the fundamental concept of contempt – civil and criminal – and the circumstances where such findings could be appropriate.
Somewhere in a bleak house in Washington, D.C. a plot exists. The conspirators are working against a favorite planning tool, the grantor retailed annuity trust (GRAT). Bill after bill has been born to limit the flexibility and power of the GRAT. The authors of these legislative works have great expectations to oppress this popular idea.
0ne of the more important appellate court valuation cases was handed down in late spring by the Eighth Circuit, T.H. Holman. In this month's column, we analyze the reasoning and how it applies to the structuring of family Iimited partnerships.
A family limited partnership (FLP) and a family limited liability company (FLLC) are two entity choices frequently used by estate planners to achieve federal estate tax (“estate tax”) savings. While many considerations impact the choice of a FLP versus a FLLC,5 one factor that probably escapes consideration by many practitioners is the impact of the passive activity loss (PAL) rules for Federal income tax (“income tax”) purposes on that choice.
One of the least discussed and reasoned decisions in entity planning for discount purposes is whether to use a limited liability company (LLC) format or that of the family limited partnership (FLP). On the surface, as an LLC is taxed as a partnership under the Internal Revenue Code,1 practitioners often conclude that there should be no difference.
This month, the column discusses the estate tax strategies for which the grantor trust planning should be considered, including lifetime use of the applicable credit amount, the qualified personal residence trust (QPRT), postmortem use of grantor trusts in the credit shelter trust context, grantor retained annuity trusts (GRATs), and sales to a grantor trust.