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Monthly Archive for March, 2008
So after speaking with my wife (who is a good deal smarter than I am – and whose mom is a nurse) I learned that the “under the fingernail test” is the usual course in cases like this… who knew? Well, besides my wife and the entire medical community I mean 
Please pardon my ignorance.
The legal aspects of this fact pattern would have been much more interesting if they had perhaps started giving his property away… But alas, such is not the case.
After doctors in Oklahoma City had pronounced Zach Dunlap brain dead and as his family was paying their last respects, someone drew a pocket-knife across Zach’s foot which drew a response… His foot moved. Later his hand also moved when the family apparently applied pressure “under a fingernail.”
Mr. Dunlap now says he’s feeling “pretty good.”
There are a couple things about this story that interest me – aside from the whole ‘waking from the dead’ angle: First, no doctors are quoted in the story… That seems odd. Second, “under a finger nail.” Are you kidding me?! Thats pretty severe. I’m not judging the family – hey, it appears to have maybe done something – I’m just saying… Under a fingernail. yikes.
And the quote of day goes to Mr. Dunlap:
“Only the good die young, so I didn’t go.”
According to this post in today’s Wills, Trusts & Estates Prof Blog and this post at Yahoo (omg.yahoo.com), Heath Ledger’s family is embroiled in a battle over the control of Heath’s estate:
Heath’s Uncles are less than satisfied with Heath’s father’s (Kim’s) ability to care for Heath’s assets claiming that they’re only interest is that Heath’s daughter (Matilda) is taken care of.
Its not interesting that people are fighting over money, but that the feud has apparently been going on since the death of Heath’s Grandfather when Kim was “removed as the executor of their grandfather’s estate 15 years ago.”
Further complicating things is that “Heath’s will, which was drafted before he met Michelle Williams and the birth of his daughter, Matilda, left his belongings to his parents and siblings.”
“When you are talking about large sums of money like this, it should be an independent executor, but Kim hasn’t chosen that way,” Mike Ledger added.
The premise of this post is that, because of the decline in “traditional family values” (e.g. the “loosening”of the traditional nuclear family due to “[t]hings that used to be taboo – divorce, children born out of wedlock” etc.) and “society as a whole [having] developed a more money-centric mentality”, there is more, or at least a higher likelihood of, conflict surrounding today’s estate planning…
abonamente reviste
idei de afaceri
animale acvatice
soft astrologic
taxe autorizatie
barci agrement
mancare bebelusi
cabinet stomatologic
preturi coafura
concedii in strainatate
firme cosmetice
program de desenat
documente electronice
balti pescuit
salon masaj
magazine materiale de constructii
organizator petreceri
hoteluri si restaurante
sarbatori romanesti
vanzari cumparari
vinul romanesc
idei de afaceri
animale acvatice
soft astrologic
taxe autorizatie
barci agrement
mancare bebelusi
cabinet stomatologic
preturi coafura
concedii in strainatate
firme cosmetice
program de desenat
documente electronice
balti pescuit
salon masaj
magazine materiale de constructii
organizator petreceri
hoteluri si restaurante
sarbatori romanesti
vanzari cumparari
vinul romanesc
While I’m not sure what money-centric means, nor am I sure that the decline in “traditional family values” is necessarily always a bad thing, an awareness of conflict (or potential conflict) in one’s family is not something to just ignore. There may not be ways to avoid or prevent conflict, but there are many ways to preemptively deal with it with a well-drafted estate plan.
Don’t just assume that you and your sister are simply going to reconcile your 58 year fued while standing over mom’s death-bed… Plan ahead! Talk to your family – the ones you can talk to – and do something about it. Call an estate planning attorney.
This list from the California Tax Attorney Blog (my other lists can be found here and here) is of the Top 12 Tax Scams. Check out Mitchell’s post for the full list.
6. Frivolous Arguments
Promoters of frivolous schemes encourage people to make unreasonable and unfounded claims to avoid paying the taxes they owe. Most recently, the IRS expanded its list of frivolous legal positions that taxpayers should stay away from. Taxpayers who file a tax return or make a submission based on one of these positions on the list are subject to a $5,000 penalty. The most recent update of the list of frivolous positions includes: misinterpretation of the 9th Amendment to the U.S. Constitution regarding objections to military spending, erroneous claims that taxes are owed only by persons with a fiduciary relationship to the United States, a nonexistent “Mariner’s Tax Deduction†related to invalid deductions for meals and the misuse of the fuel tax credit (see below). The complete list of frivolous arguments is on the IRS Web site at IRS.gov.
7. Disguised Corporate Ownership
Some people are going as far as forming domestic shell corporations in certain states for the purpose of disguising the ownership of a business or financial activity. Once formed, these anonymous entities can be used to facilitate underreporting of income, non-filing of tax returns, engaging in listed transactions, money laundering, financial crimes and even terrorist financing. The IRS is working with state authorities to identify these entities and to bring the owners of these entities into compliance.
8. Abusive Retirement Plans
The IRS continues to uncover abuses in retirement plan arrangements, including Roth Individual Retirement Arrangements (IRAs). The IRS is looking for transactions that taxpayers are using to avoid the limitations on contributions to Roth IRAs. Taxpayers should be wary of advisers who encourage them to shift appreciated assets into Roth IRAs or companies owned by their Roth IRAs at less than fair market value. In one variation of the scheme, a promoter has the taxpayer move a highly appreciated asset into a Roth IRA at cost value, which is below annual contribution limits even though the fair market value far exceeds the amount allowed.
9. Scams Related to the Economic Stimulus Payment
Some scam artists are trying to trick individuals into revealing personal financial information that can be used to access their financial accounts by making promises relating to the economic stimulus payment, often called a “rebate.†To obtain the payment, eligible individuals in most cases will not have to do anything more than file a 2007 federal tax return. But some criminals posing as IRS representatives are trying to trick taxpayers into revealing their personal financial information by falsely telling them they must provide information to get a payment. For instance, a potential victim is told by phone or e-mail that he or she is eligible for a rebate but must provide a bank account number (or similar information) to get the payment. If the target is unwilling, the victim is then told that he cannot receive the rebate unless the information is provided. Individuals should remember that the only way to get a stimulus payment is to file a 2007 tax return. The IRS urges taxpayers to be extra-vigilant. The IRS will not contact taxpayers by phone or e-mail about their stimulus payment.
10. Abuse of Charitable Organizations and Deductions
The IRS continues to observe the misuse of tax-exempt organizations. Misuse includes arrangements to improperly shield income or assets from taxation, attempts by donors to maintain control over donated assets or income from donated property and overvaluation of contributed property. In addition, IRS examiners are seeing an upturn in instances where taxpayers try to disguise private tuition payments as contributions to charitable or religious organizations.
11. Phishing
Phishing is a tactic used by Internet-based thieves to trick unsuspecting victims into revealing personal information they can then use to access the victims’ financial accounts. These criminals use the information obtained to empty the victims’ bank accounts, run up credit card charges and apply for loans or credit in the victims’ names. Phishing scams often take the form of an e-mail that appears to come from a legitimate source. Some scam e-mails falsely claim to come from the IRS. To date, taxpayers have forwarded more than 33,000 of these scam e-mails, reflecting more than 1,500 different schemes, to the IRS. The IRS never uses e-mail to contact taxpayers about their tax issues. Taxpayers who receive unsolicited e-mail that claims to be from the IRS can forward the message to a special electronic mailbox, phishing@irs.gov, using instructions contained in an article titled “How to Protect Yourself from Suspicious E-Mails or Phishing Schemes.†Remember: the only official IRS Web site is located at www.irs.gov.
12. Fuel Tax Credit Scams
The IRS is receiving claims for the fuel tax credit that are unreasonable. Some taxpayers, such as farmers who use fuel for off-highway business purposes, may be eligible for the fuel tax credit. But some individuals are claiming the tax credit for nontaxable uses of fuel when their occupation or income level makes the claim unreasonable. Fraud involving the fuel tax credit was recently added to the list of frivolous tax claims, potentially subjecting those who improperly claim the credit to a $5,000 penalty.
While I can imagine any number of things that fit on this list, Florida Attorney and Anti-Video Game Blow-Hard, Jack Thompson recently filed #1: “Make my day.” Seriously. He said this, not just to a court, but to the Florida Supreme Court as they were investigating disciplinary charges against him… Wow.
According to this post in today’s ABA Journal Online, the Florida Supreme Court has sanctioned Mr. Thompson for ‘court filings that are “rambling, argumentative, and contemptuous.†The court’s order (here in PDF) …
… required Thompson to retain qualified counsel and refused to accept any more filings from him without the signature of another Florida lawyer, the Daily Business Review reports.
I love that the Florida Supreme Court just implied that Mr. Thompson is not sufficiently qualified to represent himself.
Thompson seems to have invited the court’s ruling in a response to the court’s order to show cause why he should not be sanctioned. “This court has been foolish indeed,†Thompson wrote. Its “bizarre, idiotic show cause order indicates that it is not done being foolish. Fine. Enter the order you want. Make my day.â€
Thompson is fighting disciplinary charges brought by the Florida Bar based on criticisms he directed at judges and lawyers in letters, e-mails, faxes, news releases and court filings, the Daily Business Review says in its story. Thompson contends he has a First Amendment right to speak out, and is not afraid to criticize in a barrage of motions and filings related to the disciplinary action. The case is being heard by a Florida referee, but Thompson contested the bar prosecution in a separate federal case that was dismissed and in more than 50 filings with the Florida Supreme Court.
In one recent filing, Thompson interspersed his legal arguments with pictures, including images of swastikas, kangaroos in a court, monkeys and photos of celebrities.
In another, Thompson attached pictures of gay porn to an electronic court filing. Thompson said at the time that he filed the photos to make a point about a double standard by the bar, which had taken no action against a lawyer who linked to the photos on his website.
I removed some of the hyper links from the original story ’cause they’re really not worth my time but man, finally hearing a court call Jack Thompson what the rest of the level-headed world has known for some time, provides better Schadenfreude than a Michigan loss.
[For more interesting readings on Mr. Thompson, visit the guys over at Penny-Arcade... Trust me, hilarity will ensue.]
The “Lost Generation” are those associates in large firms who are running for their lives in alarming, and growing, numbers. Why they leave is an easy question to answer: They’re given mostly drudge work, they face unceasing pressure to produce and they’re kept in the dark about firm finances and the broader strategies behind the matters they handle.
Former General Electric general counsel Ben Heineman Jr. and Harvard University law professor David Wilkins write in this article in Corporate Counsel Magazine that it doesn’t have to be this way (duh) and offer some interesting suggestions to help stem the tide:
As an associate struggling with those same hardships myself, I can say the last one is by far the most important. And a little communication, if consistent in both content and frequency, goes a long way. A long way.
From the Center for Medicare Advocacy comes the following:
The Social Security Administration (SSA) has begun mailing “SSA Medicare Prescription Drug Assistance Notice of Termination” letters to some beneficiaries who are currently receiving the low-income subsidy (LIS) or “Extra Help.” The letters are being sent to beneficiaries who did not provide SSA with information it requested to determine their continuing eligibility for the LIS. About 76,000 beneficiaries began receiving this mailing during the week of March 2. Beneficiaries who do not act immediately upon receiving the letter to request an appeal will no longer receive the LIS to pay for Part D premiums and cost-sharing effective April 1.
SSA requested information in September 2007 as part of its formal redetermination process. The process, which was completed in February, involved multiple attempts by SSA to contact beneficiaries who were subject to redetermination. SSA indicates that approximately 80,000 people responded to its follow-up contacts; people who responded should not receive the SSA “Medicare Prescription Drug Assistance Notice of Termination” letter being sent out this week. Beneficiaries who believe they are, or even might still be, eligible for the LIS should contact SSA within 10 days of receiving their letter to request an appeal. If they do so, they can continue receiving LIS until their appeal has been decided, regardless of whether it is decided in their favor.
Appeals can be filed after the 10 days but not later than 60 days after receiving the SSA letter, but beneficiaries filing after the first 10 days will not continue to receive LIS pending their appeal. LIS may also continue for beneficiaries who can show good cause why they did not file an appeal within 10 days.
Thanks also to the Elder Law Prof Blog and Professor Kim Dayton.
[I know!, I just borrowed another title! I'm so ashamed.] I don’t think Professor Berry will mind though if I give him proper attribution. Thanks Professor!
He writes in this post about the various suggestions being made to congress on ways to overhaul the US’ tax system.
The committee heard from three academics whom the panel encouraged to propose far-ranging plans to revamp the estate tax.
For example, Lily L. Batchelder, associate law professor at New York University School of Law, discussed replacing the estate tax system with a comprehensive inheritance tax. Under this regime, an individual “inheriting an extraordinary amount over his lifetime would pay income tax and a flat 15 percent tax on a portion of his inheritance,” she said. She said such a change could be implemented without gain or loss to the U.S. Treasury if the first $2 million in lifetime inheritances were exempt from taxes.
Which is interesting… A revenue neutral option that effectively fixes what we now call the individual exemption, at $2 million.
