The War on Terror and Charitable Giving

It is not often that the GWOT affects the world of T&E law, but  the Supreme Court’s June 21 6-3 opinion in Holder v. Humanitarian Law Project, 561 U.S. ____ (2010) is an exception to the general rule. The opinion upheld the Patriot Act provision providing for fines and up to 15 years’ imprisonment for persons […]

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Your Single-Member LLC: Not A Mighty Fortress

The tar balls are hitting Florida’s beaches, but the state’s courts aren’t yet clogged with oil spill litigation.  With some time on its hands, the Florida Supreme Court is still able to issue advisory opinions, including its June 24 decision in Olmstead v. Federal Trade Commission, 2010 WL 2518106 (Fla. 2010).  Olmstead may not be as important […]

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In re Woods – a Cautionary Tale for Kentucky Lenders

Although litigation is society’s mirror, it’s a mirror that reflects only with a certain lag time. Now that we are three years into the housing bust, and over two years into the Great Recession, the published case law is finally beginning to suggest that yes, we have had a credit crisis. That’s not surprising. Today’s […]

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Your Offshore Retirement “Plan B”

KYEstates’ prior retirement planning coverage has explored options for a $6 million asset base.  With this post, we’re pleased to make our coverage applicable to a wider audience, and encourage readers not to worry quite as much about their own situations, even if they see this post on a bad day for the stock market. […]

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Update: Forecasting the Fate of the Estate Tax

KYEstates readers, thanks for your patience. Yes, post volume has been down. That’s not because the transfer tax world has suddenly become boring – perish the thought. Rather, it’s been an extraordinarily busy month. First, your publisher visited his brother in Brooklyn and then went to his 10th Reunion. That was a little tough, because […]

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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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