Litigation and Tax Controversies

This year’s Institute includes a series of programs on Litigation and Tax Controversies. This series covers the tax aspects of fiduciary litigation, recent cases involving fiduciaries, the role of an attorney as an expert witness, how to identify critical pressure points in the estate plan, and how to avoid malpractice claims and ethical issues.

Wednesday, January 11, 2017 – Special Session II-C  (3:50 – 5:20 p.m.)
Review of the Past Year’s Significant, Curious, or Downright Fascinating Fiduciary Cases (at least it seems to me)
Dana G. Fitzsimons, Jr.
This session will review recent cases from across the country to assist fiduciaries and their advisors in identifying and managing contemporary fiduciary challenges.

Thursday, January 12, 2017 (9:50 – 10:40 a.m.)
Knowing the Ropes and Binding the IRS When Fiduciaries Are Involved in Settlements and Modifications: Income and Transfer Tax Issues Every Fiduciary Should Know About
Melissa J. Willms
Fiduciaries have tons on their plates during estate and trust administrations. If litigation ensues or a trust construction, decanting, or other modification is sought, it is vital to know the income, estate, gift, and GST tax consequences that may arise when a fiduciary is a party to a settlement or takes part in a modification. You will also learn the importance of language used when documenting the outcome, and how to bind the IRS to the deal.

Thursday, January 12, 2017 – Special Session III-C  (2:00 – 3:30 p.m.)
Beware of What’s Hiding in the Attic – An Examination of Critical Pressure Points Associated with Sophisticated Estate Plans and How to Deal with Them
John W. Porter, S. Stacy Eastland
This presentation will focus on issues that can make or break an estate plan that utilizes certain sophisticated estate planning techniques, including sales to intentionally defective grantor trusts, self-cancelling installment notes/ private annuities, formula clauses, the beneficiary defective inheritor’s trusts, and split-dollar life insurance transactions. It will also discuss potential donee liability for gift tax and interest in connection with these transactions.

Thursday, January 12, 2017 – Special Session III-E  (2:00 – 3:30 p.m.)
Arriving by Plane with a Briefcase – Lawyers Serving as Expert Witnesses
Louis A. Mezzullo, Robert W. Goldman, Margaret G. Lodise, Howard M. Zaritsky
The panel will discuss an attorney serving as an expert witness in family disputes, attorney malpractice cases, trustee issues, and tax controversies.

Thursday, January 12, 2017 – Special Session IV-D  (3:50 – 5:20 p.m.)
Protecting Yourself When Planning in Unsettled Waters: A Case Study on How to Structure Your Client Relationship to Protect Yourself from Malpractice Claims and Ethical Issues
Shawn C. Snyder, Dominic J. Campisi, Jessica A. Uzcategui
This session will explore the steps that practitioners can take to protect themselves from malpractice suits when planning in unsettled areas. It will illustrate practical and ethical issues surrounding the initial client engagement, settlement negotiations with third parties, and practical defenses to common malpractice claims.