Jonathan G. Blattmachr, a partner in the New York office of Milbank, Tweed, Hadley & McCloy LLP, is a prolific speaker and author with whom I first became acquainted in a case we both worked on, then again when we both served as faculty for the...
One of the most important considerations in litigation against trustees is whether a beneficiary has standing to challenge the actions of the trustee. Practitioners recognize that a current income beneficiary has standing to challenge a trustee's...
Ira Mark Bloom's Unifying the Rules for Wills and Revocable Trusts in the Federal Estate Tax Apportionment Arena: Suggestions for Reform discusses the various state laws on federal estate tax apportionment. It also covers the Internal Revenue Code...
In A Not-So-Crummey Way to Avoid Taxes: A Call for Congressional Action to Eliminate Abuse of the Present Interest Requirement, Kristin L. Zook makes an interesting contribution to the existing catalogue of suggested reforms to the annual gift tax...
Michael T. Yu's Deductions in Proposed Calculation and Allocation of Distributable Net Income to the Separate Share of a Trust or Estate is of interest to preparers of fiduciary income tax returns who bump up against the so-called separate share...
There's an important yet unspoken phenomenon in the world of estate tax: As the number of estate tax filings has been decreasing nationwide since 2001, there's been a corresponding increase in the Internal Revenue Service's audit coverage rate of...
Jonathan Klick and Robert H. Sitkoff's engaging, enlightening and thorough article examines the controversy over the attempt by the trustees of the Milton Hershey School Trust to divest a controlling interest in the Hershey Company in 2002. At...
Robert P. Dougherty III's case note discusses the Supreme Court's ruling in Marshall v. Marshall that Vickie Lynn Marshall (better known as Anna Nicole Smith) was entitled to bring her claim against her stepson for tortious interference with her...
A lot can happen in a few years. Back in 2005, Morgan Stanley was at risk of losing its wealth management business during a very public conflict between then-CEO Philip Purcell and its shareholders. Today, Morgan is on the verge of creating the...
With markets collapsing last fall, Nicholas Rowe, a financial advisor with Focus Capital, a registered investment advisor in Bedford, New Hampshire that clears trades through Schwab Institutional, began buying inverse exchange-traded funds (ETFs)...
