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Practitioners Weigh In On 2 Percent Floor DebatePractitioners Weigh In On 2 Percent Floor Debate

With the Internal Revenue Service on the verge of issuing final regulations, more than 17 professional organizations and legal commentators have taken a stand in the ongoing debate on the extent to which trusts and estates can deduct certain costs without regard to the 2 percent of adjusted gross income floor, and whether fiduciary fees and commissions must be unbundled. Stakes are high: For banks

Kevin Matz, Partner

July 1, 2008

13 Min Read
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Kevin Matz

With the Internal Revenue Service on the verge of issuing final regulations, more than 17 professional organizations and legal commentators have taken a stand in the ongoing debate on the extent to which trusts and estates can deduct certain costs without regard to the 2 percent of adjusted gross income floor, and whether fiduciary fees and commissions must be unbundled. Stakes are high: For banks and trustees, it could mean reorganizing how they do business. For trusts, estates and their beneficiaries, it could mean a substantial tax hit.

The American College of Trust and Estate Counsel (ACTEC), the American Bankers Association, the American Bar Association Section of Real Property, Trust and Estate Law and various other promin...

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About the Author

Kevin Matz

Partner, ArentFox Schiff LLP

Mr. Matz is a partner at the law firm of ArentFox Schiff LLP in New York City. His practice is devoted principally to domestic and international estate and tax planning and he is a Fellow of the American College of Trust and Estate Counsel (“ACTEC”) for which he chairs ACTEC’s Business Planning Committee. Mr. Matz is also a co-chair of the Taxation Committee of the Trusts and Estates Law Section of the New York State Bar Association.  In addition, Mr. Matz is a certified public accountant (in which connection he currently chairs the Trust and Estate Administration Committee of the New York State Society of Certified Public Accountants), and writes and lectures frequently on estate and tax planning topics. He can be reached by email at [email protected] or by phone at 212-745-9576.