May 2010

A Hurricane May Hit This House in the Keys, But Creditors Won’t…

KYEstates often dicusses asset protection developments, and we’re pleased to share a really fascinating Florida decision, Miller v. Kresser, — So.3d —, 2010 WL1779899 (Fla. 4th DCA 2010). Juan Antunez broke the news that this is surely a season of May flowers for asset protection planning. There won’t often be victories for pure judicial formalism […]

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IRS Wins FLP Case: Not All Timber Barons Are Teflon

Although we wish it were otherwise, taxpayers don’t always win FLP cases.  In fairness, the IRS ought to win a case from time to time, given that they’re usually the party making the decision to settle or litigate.  When the facts are as unfavorable to the taxpayer as they were in Estate of Malkin v. […]

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Keep Your Old Kentucky Home Safe From Creditors With Tenancy by the Entirety

Regular readers know that KYEstates takes a keen interest in the cat-and-mouse game of asset protection.  Before moving to Kentucky, your publisher lived in Massachusetts, and is, accordingly, a Red Sox fan.  This was back in the Bill Buckner era, when being a Red Sox fan was an exercise in persistence, not success.  So, your publisher […]

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Kentucky Primary Election Report

Yesterday, for at least one day, Kentucky was the focus of national attention.  See, e.g., Slate article here, Washington Post article here, Politico article here. Despite the heavy coverage, we don’t think this vox pop clip from WHAS-11 was picked up by the national media, so we’ll share it with you.  We’re proud of you, […]

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Substantial Win for “Buy and Hold” FLP – Murphy Oil Heirs Are Smiling (But the IRS Isn’t)

 It’s possible KYEstates readers are focused on the Paul-Grayson Senate race, or the Louisville mayoral race (see latest polls here, and here, respectively). If you want a break from politics, however, we can take you back to the normal state of things (i.e., all transfer taxes, all the time) with a report on a truly resounding taxpayer […]

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Creditor Protection Denied for Florida Debtor’s Inherited IRA

KYEstates has been following issues of creditor protection for inherited IRAs closely (see here and here), and we haven’t hidden the fact that on this issue, we’re biased in favor of the debtor. Before today, our series was tied at Debtor 1, Creditor 1. With today’s report, the score regrettably changes to Debtor 1, Creditor […]

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