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Committee: Estate and Gift Taxation

Memorandum concerning certain aspects of the 2014-2015 New York State Executive Budget dated January 20, 2014 (March 2014) ( PDF format )
Subject area: Budget - NYS Executive

Report on certain aspects of the final report of the NYS Tax Reform and Fairness Commission dated November 2013 and the final report of the NYS Tax Relief Commission dated December 2013 (January 2014) ( PDF format )
Subject area: Estate Tax

Report on A.6556-A/S.4851-A which would simplify the procedure for obtaining a marital deduction for a disposition to a non-US citizen surviving spouse where no federal estate tax return is required (Reissued May 2013) ( PDF format )
Subject area: Qualified Domestic Trusts

The Remarkable Power of Appointment Device: Planning and Drafting Considerations ( PDF format )
Subject area: Power of Appointment

Letter to the IRS commenting on propose regulations which pertain to the required reporting of foreign financial assets on Form 8938 (November 2012) ( PDF format )
Subject area: Foreign Trusts

Comments to the IRS regarding the Proposed and Temporary Regulations on the Portability of the Deceased Spousal Unused Exclusion Amount (September 2012) ( PDF format )
Subject area: Deceased Spousal Unused Exclusion Amount (DSUEA)

Letter to the IRS on Notice 2011-101 which requests comments on the income, gift, estate and generation-skipping transfer tax issues and consequences arising from a transfer by a trustee of all or a portion of the principal of an irrevocable trust to another irrevocable trust (April 2012) ( PDF format )
Subject area: Decanting

Letter to the IRS commenting on Notice 2011-82 which concerns estate planning techniques for the creation of trusts upon the death of the first spouse to die (October 2011) ( PDF format )
Subject area: Deceased Spousal Unused Exclusion Amount (DSUEA)

Memorandum in Support of Marriage Equality (June 2011) ( PDF format )
Subject area: Same-Sex Marriage

Letter to the IRS commenting on Foreign Account Tax Compliance under the Hiring Incentives to Restore Employment Act of 2010 as it relates to trusts and trust beneficiaries (June 2011) ( PDF format )
Subject area: Foreign Trusts

Report on A.8297-A/S.5801 which would permit a trustee to pay over the principal of a trust to a new trust even if the trustee does not have absolute or unlimited discretion to invade the principal of the trust (June 2011) ( PDF format )
Subject area: Invading Trust Principal

Report regarding A.7729/S.5519 which would modify Section 2-1.13 of the Estates Powers and Trusts Law (May 2011) ( PDF format )
Subject area: Generation-Skipping Transfer Tax Laws

Letter to Congress regarding The Equal Access to Tax Planning Act of 2011 (S.139) and Section 14 of The Patent Reform Act of 2011 (S.23) (April 2011) ( PDF format )
Subject area: Tax Patents

Report on modifications to Section 2-1.13 of the Estates Powers and Trusts Law (March 2011) ( PDF format )
Subject area: Generation-Skipping Transfer Tax Laws

Supplemental Report on A.9857-C/S.8056 Regarding Unused Generation-skipping Transfer (GST) Tax Exemption After Federal Estate and GST Tax Repeal in 2010 (July 2010) ( PDF format )
Subject area: Generation-Skipping Transfer Tax Laws

Hess Lecture: Rationalizing the State Income Taxation of Trusts – Chasing Quill Feathers in the Wind (Delivered May 10 2010) ( PDF format )
Subject area: Trusts, State Taxation of

Report on A.9857-C/S.8056 regarding unused generation-skipping transfer (GST) tax exemption after federal estate and GST tax repeal in 2010 (Reissued June 2010) ( PDF format )
Subject area: Generation-Skipping Transfer Tax Laws

Proposed Amendments to Section 10-6.6(B) of the EPTL and Restatement of the Statute as Section 10.6.6(A) (May 2010) ( PDF format )
Subject area: Trustees, Role of

Letter on budget bill A.9710-A/S.6610-A which would amend NY Tax Law § 951(a) in relation to the amount of the unified credit against the estate tax (March 2010) ( PDF format )
Subject area: Estate Tax

Letter to Congress regarding reinstating the state death tax credit at the federal level. ( PDF format )
Subject area: Death Tax

Letter to the IRS providing comments on the proposed revenue ruling regarding the estate, gift, generation-skipping transfer and income tax issues that are associated with the establishment and administration of trust companies that are family-owned or controlled (private trust companies) (November 2008) ( PDF format )
Subject area: Private trust companies

Letter to the IRS commenting on Proposed Treas. Reg. Section 1.67-4 & Notice 2008-32 which addresses the exception to the 2-percent of adjusted gross income floor on miscellaneous itemized deductions for certain costs that are paid or incurred in connection with the administration of an estate or a trust and requests comments concerning certain aspects of the Proposed Regulations, including the use of safe harbors and reasonable estimates by fiduciaries for unbundling fiduciary fees. ( PDF format )
Subject area: Fiduciary Fees

Letter to the IRS highlighting inconsistencies in two recently issued Private Letter Rulings which set forth the calculation method of the income interest upon early termination of a net income with makeup charitable remainder unitrust (NIMCRUT) ( PDF format )
Subject area: Charitable Remainder Trust

Letter to the IRS commenting on the proposed Treasury Regulation 1.67-4 ( PDF format )
Subject area: Trusts and Estates, Administration of

Letter to the IRS Commenting on Gift Tax Consequences of Trust Employing Distribution Committee ( PDF format )
Subject area: Private Letter Rulings

Follow-up letter to the US Senate Committee on Finance regarding the Committees December 2006 report on certain provision of the Pension Protection Act of 2006 relating to charitable gifts ( PDF format )
Subject area: Charitable gifts

Report commenting on certain provisions of the Pension Protection Act of 2006 relating to charitable gifts of fractional interests in tangible personal property ( PDF format )
Subject area: Charitable gifts

Comments on Revenue Procedure 2005-24 which provides a safe harbor rule pursuant to which a spousal right of election will be disregarded for purposes of determining whether a charitable remainder annuity trust ("CRAT") or a charitable remainder unitrust ("CRUT") meets the requirements of Internal Revenue Code 664(d)(1)(B) or (d)(2)(B), respectively, from the trusts inception. ( PDF format )
Subject area: Charitable Remainder Trust

Supplemental Comments on IRS Circular 230 (which governs practice before the IRS) ( PDF format )
Subject area: Taxation

Comments on IRS Circular 230 (which governs practice before the IRS)(May 2005) ( PDF format )
Subject area: Taxation - Rules of Practice

Memorandum in support of S3441 ( PDF format )
Subject area: Trusts estate and gift taxation

Letter to the IRS Commenting on Proposed Regulations Revising the Definition of Income Under Section 643(b) ( PDF format )
Subject area: Taxation