James Dougherty

Withers Bergman
James is an associate in Withers Bergman's wealth planning practice group, based in the firm's Greenwich and New Haven, Connecticut offices. His practice focuses on the estate planning and estate administration needs of high net worth individuals and their families. James assists executors and beneficiaries alike through all aspects of the estate administration process including probate, contested estates, tax, and post-mortem estate planning issues.  His estate planning practice is focused on working with affluent individuals in the development and implementation of sophisticated planning techniques to help them accumulate, preserve, and transfer their wealth.
Bernie Madoff
Estate Tax Deduction for Losses Caused by Bernie Madoff Ponzi Scheme
In Estate of Heller, the Tax Court addressed a question of first impression: whether an estate may take a theft loss that befell property it didn’t hold directly.
Treasury Releases Proposed Regulations on Basis Consistency
The proposed regulations respond to the initial concerns of many commentators and adopt several sensible rules that will ease some of the burden imposed by the new reporting requirement.
Treasury Releases 2017 Greenbook
The 2017 Greenbook seeks to expand what’s been enacted regarding the requirement for consistency in the value for transfer tax purposes and income tax purposes.
Best Practices Related to IRC Section 2036, Annual Exclusion Transfers and Graegin Loans
It isn’t every day that a Tax Court decision addresses three common estate-planning and administration techniques in a single case and even less common for there to be nothing but good news.
New Estate Tax Closing Letter Procedure Issued 1
The Internal Revenue Service quietly made a significant change to their procedures regarding estate tax returns.
Allowing a Double Bite but No Double Deduction
The Eleventh Circuit decision reflects a technical reading of the relevant IRC sections, outside of their typical contexts, resulting in inequitable result with a windfall to the government.
Prevent Conflicts While Keeping a Present Interest 
Planners who find that an arbitration clause and/or in terrorem clause would be useful in a trust with withdrawal rights, but are concerned about the IRS attacking the Crummey rights, can take a straightforward and proactive approach.
President Obama "Steps Up" Attack On Estate Planning Techniques
James I. Dougherty and Eric Fischer offer a comprehensive overview of the proposals in the 2016 Greenbook.
To Boldly Go Where No Man (or Woman) Has Gone Before 
Our authors have some fun and discuss the (far) future of estate planning
A New Tool in Cross-Atlantic Estate Planning 
James I. Dougherty & Robin Paul discuss the EU's attempt to normalize succession laws
Seven Old Ideas, a New Idea and a Crummey Idea
All seven of the transfer tax proposals from last year’s Greenbook reappear almost verbatim in this year’s Greenbook. However, two new proposals have been added: The first new proposal essentially proposes the elimination of trusts that utilize Crummey powers; and the second addresses a practical issue that arises in settling a decedent’s affairs.
Unwrapping the Net, Net Gift 
James I. Dougherty & Marissa Dungey address the recent Steinberg decision and the controversial net, net gift technique
Implementing Early Inheritances 
Turney P. Berry, N. Todd Angkatavanich & James I. Dougherty discuss how getting a head start on inheritances can be beneficial to your clients
In CCA 201330033, the IRS stated that the mortality tables didn’t apply to value the self-cancelling installment note (SCIN); rather the transferor’s life expectancy had to be considered in light of his particular medical history as of the date of the gift to determine the value of the SCIN.
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