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BlogWatch   March 18, 2010


Business Lobbyists Push to Revive Estate Tax They Tried to Kill
Wealth Strategies Journal
09-Mar-10

Link to Bloomberg article.


Most Americans Don't Have a Will
New Jersey Estate Planning
03-Mar-10

Link to Forbes article


How Federal Estate Tax Hiatus Affects State Death Taxes
Wealth Strategies Journal
03-Mar-10

The absence of a federal estate tax reduces tax or creates uncertainty in some states.


Client Letter Offers Guidance on Estate Tax Repeal
Rubin on Tax
14-Feb-10

One law firm's letter to its clients.


Latest News Article on Estate Tax Repeal
Future of the Federal Estate Tax
13-Feb-10

Links to Feb. 13th articles in the New York Times and Wall Street Journal.


J.D. Salinger Estate: Potential Test Case of Estate Tax Reinstatement
Future of the Federal Estate Tax
08-Feb-10

Link to Times (of London) article


States Scramble to Fill Estate Tax Void
Wills, Trusts & Estates Prof Blog
04-Feb-10

Link to Forbes article. Virginia, Maryland, Nebraska, South Dakota, Tennessee, and Washington all have bills pending.


Web Sites Preserve Data Access and Final Messages
Wills, Trusts & Estates Prof Blog
27-Jan-10

But there are potential hazards, according to this blog post. Includes links to websites and to an article in the Washington Post.


Tactfully Handling a Change of Guardians
Death and Taxes
24-Jan-10

Link to New York Times Magazine column.


Virginia Bill Would Patch Estate Plans
Wealth Strategies Journal
24-Jan-10

HB 755 would construe formulas to refer to 2009 tax law.


Finance Writer Highlights Dangers of DIY Estate Planning
Future of the Federal Estate Tax
19-Jan-10

Link to WCBS TV interview with Deborah Jacobs.


Which States are the Most Trust-Friendly?
The Trust Advisor Blog
15-Jan-10

Chart lists jurisdictions with favorable legislation


2010: Profitable Year for Estate Planners?
Future of the Federal Estate Tax
11-Jan-10

Congress's failure to act requires review and revision of documents.


Worksheet Helps Lawyers Analyze Undue Infuence Evidence
Florida Probate & Trust Litigation Blog
07-Jan-10

Link to Undue Influence Worksheet by forensic psychiatrist Bennett Blum, MD.


Findlaw Survey: Lots of Americans Need Legal Help with Estate Planning
Tax Prof Blog
07-Jan-10

Estate planning is the second most common legal issue.


TC Memo Decision Denies Annual Exclusion for Gift of FLP Interest
Wealth Strategies Journal
05-Jan-10

Price v. Commissioner, TC Memo 2010-2 (January 4, 2010)


IRS Regulation of Tax Preparers to Commence Next Year
Wealth Strategies Journal
05-Jan-10

Links to IRS resources and news accounts.

Additional coverage: Tax Prof Blog



Report: Trusts and Estates Industry Expected to Double in the Coming Decade
Trust and Wealth Management Marketing
05-Jan-10

According to a recently released IBISWorld, Inc. report


Look Who's Talking About the Estate Tax Mess
Tax Prof Blog
03-Jan-10

Links to articles in the general press.


Resolve to Improve Finances in the New Year
Don't Mess With Taxes
01-Jan-10

Plenty of ideas for those with good intentions.


Estate Tax Repeal: Congressional Malpractice?
Tax Policy Blog
31-Dec-09

"Professor Michael Graetz calls it congressional malpractice and questions the assertion by Senate Finance Committee Chairman Max Baucus that the Senate will act quickly in the new year with a retroactive extension."


Terminal Sedation as a Form of End-of-Life Care
Adventures in Old Age
30-Dec-09

Link to New York Times article


Connecticut Postpones Increase in Estate Tax Exemption
Julie's Wills and Estate Planning Blog
28-Dec-09

Increase was scheduled to take effect Jan. 1, 2010.


What Does 2010 Hold in Store?
The Trust Advisor Blog
28-Dec-09

16 predictions for the new year.


T&E and Elder Law Called Hot Areas
Tax Prof Blog
28-Dec-09

According to consultant Robert Denney


Estate is Grossed Up for Gift Tax Imposed Under Section 2519
Rubin on Tax
26-Dec-09

Estate of Anne W. Morgens, et vir. v. Commissioner, 133 T.C. No. 17 (December 2009).


Press Articles Describe Estate Tax Breakdown
Wealth Strategies Journal
18-Dec-09

Links to articles in New York Times, Wall Street Journal, Bloomerg News, and others.

Additional coverage: Tax Prof Blog



How Long Should I Keep Those Records?
Getting Your Financial Ducks in a Row
15-Dec-09

This post suggests 5 categories of records: Permanent, Long-term, Short-term, Close-at-hand (Reference File) and Disposable


Preparers Rank Tax Prep Software
Tax Prof Blog
14-Dec-09

Link to results of survey conducted by The Journal of Accountancy and The Tax Adviser


Year End Tax Planning: Timing Mutual Fund Purchases
Tax Update Blog
14-Dec-09

Annual reminder -- check capital gain distribution dates before purchasing.


Tips for Year-End Charitable Contributions
North Carolina Estate Planning Blog
08-Dec-09

From IRS News Release (IR 2009-114 -- December 8, 2009)


Wall Street Journal Kills 'Death Tax' Phrase
TPM LiveWire
08-Dec-09

"The Wall Street Journal is officially burying use of the phrase "death tax" in its pages about a month after the politically charged phrase made repeated appearances in a straight news story."


Prudent Investments and the Milton Hershey Trust
Wills, Trusts & Estates Prof Blog
01-Dec-09

Link to Wall Street Journal column


House to Vote on Permanent EstateTax Legislation
Tax Prof Blog
30-Nov-09

Link to Wall Street Journal article.


Planning to Avoid Estate Litigation
Wills, Trusts & Estates Prof Blog
29-Nov-09

Link to US News article.

Additional coverage: Trust and Wealth Management Marketing



Expansion of First-Time Homebuyer Credit Explained
Getting Your Financial Ducks in a Row
26-Nov-09

IRS Publication explains the new rules.


Reverse Mortgages: Potential Pitfalls
Wills, Trusts & Estates Prof Blog
24-Nov-09

Link to Consumer Reports article.


Federal Court Upholds Medicaid Annuity
New Jersey Estate Planning
23-Nov-09

Weatherbee v. Richman (3d Cir., No. 09-1399, Nov. 12, 2009)


Map Illustrates Highest State Income Tax Rates
Tax Policy Blog
23-Nov-09

Map shows highest marginal statutory income tax rates by State for 2009.


Protecting Family Farms and Businesses from the Estate Tax
Don't Mess With Taxes
22-Nov-09

Link to New York Times Op-ed column by Boston College professor Ray D. Madoff


House Bill Would Extend Charitable Giving Tax Breaks
Adventures in Old Age
22-Nov-09

Tax Extenders Act of 2009 would extend charitable IRA rollover and other provisions.


Tracking the Expenditure of Stimulus Dollars
New Jersey Estate Planning
19-Nov-09

Links to two websites for tracking economic stimulus money.


Progress Toward One-Year Estate Tax Patch
Tax Prof Blog
18-Nov-09

A press release and a newly introduced bill.

Additional coverage: Trust and Wealth Management Marketing



WSJ Review of Online Will Drafting Programs Draws Fire
Julie's Wills and Estate Planning Blog
16-Nov-09

November 12th Cranky Consumer Column reviews computer programs costing $13.50 and up. As these bloggers point out, you get what you pay for.

Additional coverage: South Florida Estate Planning Law



Deduction Allowed Despite Donor Control of Charity
Nonprofit Law Prof Blog
16-Nov-09

Foxworthy v. Commissioner, T.C. Memo. 2009-203 (November 9, 2009)


Veterans Benefits for Long-Term Care
Michigan Estate Planning Lawyer Blog
16-Nov-09

Summary of available benefits.


Berkley Estate Tax Bill Criticized
Tax Prof Blog
03-Nov-09

Link to report from the Center on Budget and Policty Priorities.


Memorializing a Deceased Friend on Facebook
Wills, Trusts & Estates Prof Blog
31-Oct-09

What to do when a friend dies.


How to Avoid Trust Mill Scams
Julie's Wills and Estate Planning Blog
30-Oct-09

...[T]he Ohio Department of Insurance and the Ohio Attorney General's Office have teamed up to issue a joint warning about the deceptive practices of so-called "Living Trust Mills."


In Terrorem Clauses Deter Lawsuits (Sometimes)
Trust and Wealth Management Marketing
29-Oct-09

Link to New York Times article


Lessons from the Astor Trial
Wills, Trusts & Estates Prof Blog
28-Oct-09

NY Times article suggests the result of the case may change the way lawyers approach will executions, and may even spur change in the law of testamentary capacity.


Planning for Estate Tax Reform Scenarios
Trusts & Estates Wealth Watch
28-Oct-09

Gsil E. Cohen, Exec. Vice Pres. and General Trust Counsel of Fiduciary Trust Company International, offers planning suggestions for possible legislative scenarios.


IRS Gets Set to Target Wealthy for Enforcement
TaxGirl
27-Oct-09

Commissioner announces formation of new enforcement group.

Additional coverage: Tax Prof Blog



Soak the Rich -- Repeal the Estate Tax
Trust and Wealth Management Marketing
26-Oct-09

Casrryover basis rules would affect high net worth taxpayers most severely.


New Section 2053 Regulations Finalized
Rubin on Tax
25-Oct-09

Brief summary of concepts, and link to detailed outline.


Estate Tax Repeal and Carryover Basis
Michigan Estate Planning Lawyer Blog
23-Oct-09

Link to Wall Street Journal article by Laura Saunders: "...getting rid of the estate tax actually would cause problems for most taxpayers. At issue is the "step-up in cost basis" that all assets receive when an owner dies. The way the law is curren


Bona Fide Dispute Prevents COD Income from Credit Card Settlement
The Tax Law Report
22-Oct-09

Summary and analysis of McCormick v. Commissioner, T.C. Memo. 2009-239 (10/21/2009).

Additional coverage: The Tax Lawyer's Blog



KPMG Foresees a VAT in America's Future
The Tax Lawyer's Blog
22-Oct-09

Link to WebCPA article.


Planning for Demutualization after Fisher
Tax Update Blog
22-Oct-09

Link to article by Professor Roger McEowen.


Article Urges Repeal of ESOP Tax Benefits
Employee Ownership Blog
21-Oct-09

ESOP Association reacts to a Tax Notes article written by Andrew Stumpff, an employee benefits law professor at the University of Michigan Law School and the University of Alabama Law School.


Appointing a Digital Executor
Gadgetwise (New York Times)
19-Oct-09

"A better solution, says Adele McAlear, a marketing expert and technical consultant who has led sessions on dealing with virtual legacies, is to appoint someone as your digital executor who is responsible for cleaning up your accounts, clearing your


Ohio Supreme Court Fines Trust Mills
Wills, Trusts & Estates Prof Blog
15-Oct-09

$ 6 million in fines for unauthorized practice of law.

Additional coverage: Florida Estate Planning Lawyer Blog



Roth Conversions for Inherited IRAs and Qualified Plans
Getting Your Financial Ducks in a Row
07-Oct-09

A review of the rules.


Government Gears Up for UBS-related Prosecutions
ataxingmatter
06-Oct-09

Summary of ABA Tax Section presentation.


The Rich Get Less Rich
Wills, Trusts & Estates Prof Blog
06-Oct-09

Link to Forbes article presenting annual survey.


Virtual Adoption Claim Must Await Outcome of Will Contest
Florida Probate & Trust Litigation Blog
04-Oct-09

McMullen v. Bennis, --- So.3d ----, 2009 WL 2837426 (Fla. 3d DCA Sep 2, 2009)


Nonprofit Execs Take Pay Cuts
Nonprofit Law Prof Blog
29-Sep-09


Google Search is Not Reasonable Cause
Tax Update Blog
29-Sep-09

IRS rejects taxpayer's plea for leniency. Woodard, T.C. Summ. Op. 2009-150

Additional coverage: The Tax Law Report



UTC Becomes Law in Vermont
Wills, Trusts & Estates Prof Blog
28-Sep-09

This post includes a link to the law, 2009 Vt Laws No. 20


Learning from the Waltons
North Carolina Estate Planning Blog
28-Sep-09

What Can We Learn from Sam and Helen Walton? by: Larry W. Gibbs


Tax Law Changes May Stand Year-End Planning on its Head
The Tax Lawyer's Blog
26-Sep-09

Typical advice on deferral of income and acceleration of deductions may not fare well this year.


529 Plans Compared to Crummey Trusts
Morningstar Advisor
25-Sep-09

Analysis by Chicago attorney Susan T. Bart


Second Circuit: Income Placed in Special Needs Trust is Countable by Medicaid
Donald D. Vanarelli Blog
25-Sep-09

Analysis of Wong v. Daines, (2nd Cir. June 22, 2009)


Charitable Gift Annuities Classified as Securities
Nonprofit Law Prof Blog
25-Sep-09

Warfield v. Alanniz, 569 F.3d 1015 (9th Cir 2009).


Illinois Enacts Banking Convenience Act
Wills, Trusts & Estates Prof Blog
25-Sep-09

Banking Convenience Account for Depositors Act, Pub. L. No. 096-0123.


Illinois Supreme Court Upholds Will Restriction
South Florida Estate Planning Law
24-Sep-09

Estate of Max Feinberg. (9/24/2009)


Disclaimer Protects Assets from Bankruptcy
North Carolina Estate Planning Blog
24-Sep-09

In re Costas, 555 F.3d 790 (9th Cir. 2009)(applying Arizona law)


For Sale: The Family Burial Plot
Wills, Trusts & Estates Prof Blog
24-Sep-09

"Tough economic times are causing an increasing number of people to part with their final resting place."


Disappointed Heir Lacks Standing to Sue
Florida Probate & Trust Litigation Blog
21-Sep-09

Analysis of Littell v. Law Firm Of Trinkle, Moody, Swanson, Byrd and Colton, 2009 WL 2749666 (11th Cir.(Fla.) Sep. 01, 2009)


Estate Tax: Why Congress May Not Act This Year
Gay Couples Law Blog
21-Sep-09

Congress may not act at all this year, suggests this blogger, and instead rely on retroactive legislation passed in 2010.


Few Inflation Adjustments in Store for 2010
Tax Policy Blog
16-Sep-09

Release of August inflation data allows finalization of tax adjustments.


Final Regs Set Procedures for Gift Tax Challenges
Rubin on Tax
12-Sep-09

New regs are effective for Tax Court petitions filed after September 8, 2009.


STOLI Lawsuit Goes Forward
Forbes Personal Finance
11-Sep-09

Alice Kramer's suit over $56 million in death proceeds has a "practical likelihood" of success, says court.


Texas Law Limits Relocation of Charitable Trusts
Wills, Trusts & Estates Prof Blog
10-Sep-09

2009 Tex. Sess. Law Serv. Ch. 754.


Court Decision Holds Lessons for Form 990 Filers
Charity Governance
09-Sep-09

American Friends of Yeshivat Ohr Yerushalayim, Inc., v. U.S., 04-CV-1798 (July 29, 2009).


US Supreme Court Case Could Affect Nonprofits
Nonprofit Law Prof Blog
09-Sep-09

Citizens United v. FEC, regarding the validity of the McCain-Feingold law's applicability to Hillary: The Movie, could affect the operation of 501(c)(4) and 501(c)(6) corporations.


Treasury Report Recommends Changes for 529 Plans
Tax Prof Blog
09-Sep-09

An Analysis of Section 529 College Savings and Prepaid Tuition Plans suggests changes in tax and operational rules.

Additional coverage: Don't Mess With Taxes



Wealthy Donors Give Despite Recession
Forbes Personal Finance
09-Sep-09

According to a new study by Barclays Wealth and Ledbury Research.


Estate Tax Proposals Summarized
Wills, Trusts & Estates Prof Blog
09-Sep-09

Link to NACSOnline article.


Special Needs Trust Does Not Shield Assets, Rules Tenth Circuit
Donald D. Vanarelli Blog
09-Sep-09

Hobbs v. Zenderman, No. 08-2099 (10th Cir., September 1, 2009)


UBS Settlement Goes Easy on Some Tax Cheats
Tax Prof Blog
08-Sep-09

Link to NY Times article


Why Don't More People Make Anatomical Gifts?
Wills, Trusts & Estates Prof Blog
06-Sep-09

Recent studies itemize the reasons.


Nevada Law Creates Electronic Will Registry
Estate & Tax Planning Musings
05-Sep-09

2009 Nevada Laws Ch. 253.


Roth IRA Conversion Strategy: Make the Most of Current Income Tax Bracket
Getting Your Financial Ducks in a Row
03-Sep-09

"Filling out the bracket" strategy explained.


Minnesota Enacts Uniform Disclaimer of Property Interests Act
Wills, Trusts & Estates Prof Blog
03-Sep-09

2009 Minn. Sess. Law Serv. Ch. 67.


Judge Rejects Donor Intent Claim
Nonprofit Law Prof Blog
02-Sep-09

Tulane University wins case. Link to Nonprofit Times article.


Model L3C Legislation Stirs Controversy
Nonprofit Law Prof Blog
02-Sep-09

Legislation authorizing a new entity: the Low Profit Limited Liability Company, has been enacted in five states. But how will this new creature be treated for tax purposes?

Additional coverage: Pepper Hamilton Tax Update



The Investment Transaction Tax Proposal
Don't Mess With Taxes
01-Sep-09

The AFL-CIO proposal.


New York POA Forms Offered on NYSBA Website
Wills, Trusts & Estates Prof Blog
01-Sep-09

Link to the statutory form and major gifts rider.


Connecticut Wants Access to UBS Offshore Account Info
Tax Prof Blog
29-Aug-09

Other states are likely to follow.

Additional coverage: Don't Mess With Taxes



FAFSA Simplification; 529 Plans vs. 2503(c) Trusts
Morningstar Advisor
28-Aug-09

Susan Bart addresses those topics in this e-newsletter article


Fewer Volunteer During Recession
Nonprofit Law Prof Blog
28-Aug-09

Link to Chronicle of Philanthropy article.


New York Power of Attorney Law Goes Into Effect
New York Probate & Estate Litigation Blog
28-Aug-09

An opinionated analysis.


Trust Protector May Be Liable for Breach of Duty
Wills, Trusts & Estates Prof Blog
28-Aug-09

Robert T. McLean Irrevocable Trust v. Patrick Davis, P.C., 283 S.W.3d 786 (Mo. Ct. App. 2009)

Additional coverage: Estate & Tax Planning Musings



Know Who Your Friends Are
Tax Prof Blog
27-Aug-09

Tax authorities use social media to build cases.

Additional coverage: Don't Mess With Taxes



Using Technology to Spread the Word
Nonprofit Law Prof Blog
27-Aug-09

Nonprofit organization uses online videos to solicit funds for projects in remote areas.


How Many Taxpayers are Subject to AMT?
Tax Prof Blog
27-Aug-09

This chart breaks down the numbers by state, for CY 2007.


British Ministry of Defence Loses Soldiers' Wills
Toronto Estate Law Blog
26-Aug-09

"In the UK, before a tour of duty in a war zone, the soldier is asked to provide the ministry with the names of the soldier’s next of kin, a last will of testament, the soldier’s funeral wishes, and a photo to be released in the event of the soldier’


State Tax Implications of Cash for Clunkers
Tax Prof Blog
26-Aug-09

Are the rebates subject to state income tax or sales tax?

Additional coverage: MauledAgain



Indiana Law Authorizes Funeral Planning Directive
Wills, Trusts & Estates Prof Blog
26-Aug-09

This blog post includes a link to the law, P.L. 143-2009.


COLA Allowances Unlikely
North Carolina Estate Planning Blog
26-Aug-09

Link to Boston Globe article


Turbo Tax Defense Fails in Tax Court
Tax Prof Blog
26-Aug-09

Hopson, T.C. Summ. Op. 2009-130.

Additional coverage: Tax Update Blog



Should Sin Taxes Fund Health Care Reform?
Tax Policy Blog
25-Aug-09

Los Angeles Times article raises the question.


Forbes List Identifies Most Generous Donors
Nonprofit Law Prof Blog
25-Aug-09

And tells what they have in common.


Palliative Care Experts Advise in Final Days
Elder Law Prof Blog
24-Aug-09

Link to New York Times article


Why Your Clients Need an Advance Health Care Directive
Wills, Trusts & Estates Prof Blog
24-Aug-09

Link to Wall Street Journal blog post by Rachel Emma Silverman. Comments on the WSJ blog include readers' experiences with living wills and health care directives.


Creditors and Ex-Spouses Eagerly Await UBS Disclosures
Tax Update Blog
24-Aug-09

Link to Time magazine article.

Additional coverage: Tax Policy Blog



Charitable Life Insurance Program Goes Awry
Tax Update Blog
24-Aug-09

University of Northern Iowa program violated tax rules.

Additional coverage: Tax Prof Blog



Few Planning Roth Conversion Under Liberalized Rules
Trust and Wealth Management Marketing
24-Aug-09

According to a USAA survey,


Retirement Plan Contribution Limits May Tumble
Forbes Personal Finance
24-Aug-09

Some plan limits are indexed for inflation -- and deflation.


The Elective Share and Federal Estate Taxes in Florida
Florida Probate & Trust Litigation Blog
23-Aug-09

Boulis v. Blackburn, --- So.3d ----, 2009 WL 2382358 (Fla. 4th DCA Aug 05, 2009).


Delaware Adopts UPIA
Wills, Trusts & Estates Prof Blog
22-Aug-09

The adoption of Delaware's Uniform Principal and Income Act is effective August 1, 2009. Includes the power to adjust (Sec. 61-104). This blog post includes a link to to full text of the Act.


Farm Economy Not Yet Rebounding
Farm CPA Today
22-Aug-09

According to a Creighton University survey.


Trend: Advisory Firms Forming Trust Companies
Trust and Wealth Management Marketing
21-Aug-09

Link to Investment News article


Estate Planners Painted with a Broad Brush
Trust and Wealth Management Marketing
20-Aug-09

Link to Smart Money article.


Top Ten Traps for Unwary Investors
The Tax Lawyer's Blog
20-Aug-09

The North American Securities Administration Association (NASAA) report.


Organization Urges Higher Taxes on Wealthy Americans
Don't Mess With Taxes
19-Aug-09

Supports increase in top income tax rate.


Designation of Charity as POD Beneficiary Fails
Wills, Trusts & Estates Prof Blog
19-Aug-09

Court holds that cy pres can't be used to save the gift. Tuvim v. United Jewish Communities, Inc., No. S09A0006, 2009 WL 1649496 (Ga. June 15, 2009).


Gifts Under Power of Attorney Are Part of Estate
Wills, Trusts & Estates Prof Blog
18-Aug-09

Barnett v. United States, No. 07-cv-844, 2009 WL 2426246 (W.D. Pa. May 27, 2009).


Video Explains the 'Excess Burden' of a Tax
Tax Policy Blog
17-Aug-09

The total burden of a tax is more than the revenue raised, say these economists.


IRS Foreign Accounts Crackdown Heads to Hong Kong
Tax Prof Blog
17-Aug-09

Link to Wall Street Journal article


UBS Will Reveal Taxpayer Names as Part of Settlement
The Tax Lawyer's Blog
17-Aug-09

Link to Reuters news report

Additional coverage: Tax Prof Blog



In 2007, The Rich Got Richer
Tax Prof Blog
15-Aug-09

Link to article by economics Professor Emmanuel Saez


His Own Private Death Panel
Adventures in Old Age
14-Aug-09

One Particular end-of-life decision


Improper Netting of Gains and Losses Triggers Extended Statute of Limitations
Tax Update Blog
14-Aug-09

Highwood Partners, 133 T.C. No. 1


Textron Decision: Workpapers Not Privileged
Tax Update Blog
14-Aug-09

United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009) (en banc).

Additional coverage: Tax Prof Blog



The Decline of Municipal Bond Insurance
Good Financial Cents
14-Aug-09

"The role of bond insurance continues to decline in the municipal market, with insured bonds comprising only 11% of year-to-date new issuance through July."


Viewpoints on Roth IRA Conversions
Morningstar Advisor
14-Aug-09

When the new rules take effect in 2010, will a Roth conversion make sense for most clients? This e-newsletter offers viewpoints from four IRA "gurus": Bob Keebler, Barry Picker, Steve Trytten and Mike Jones.


Analysis of Textron Decision
ataxingmatter
14-Aug-09

Does the decision signal a shift in approach?


House Considers Stopgap Estate Tax Measure
Tax Prof Blog
13-Aug-09

Link to Wall Street Journal article.

Additional coverage: Don't Mess With Taxes



Nonprofits are Cutting Staff
Nonprofit Law Prof Blog
13-Aug-09

According to a survey by the Chronicle of Philanthropy.


Tax Haiku
TaxGirl
13-Aug-09

Offerings from the TaxGirl, and from Commenters.


On End of Life Conversations
Massachusetts Estate Planning and Elder Law
12-Aug-09

"...all this talk about "end of life conversations" leading to more old people dying makes me wonder what people think will happen if you don't talk about your end of life wishes."

Additional coverage: Elder Law Answers



U.S. and UBS Reach Settlement in Tax Evasion Case
The Tax Lawyer's Blog
12-Aug-09

Link to Reuters report

Additional coverage: Tax Prof Blog



Animal Rights Groups Sue Helmsley Trustee
Trust and Wealth Management Marketing
12-Aug-09

Link to news article and the response from the Trustees.

Additional coverage: Wills, Trusts & Estates Prof Blog



FBAR Deadline Extended for
Tax Update Blog
10-Aug-09

IRS Notice 2009-62.

Additional coverage: Rubin on Tax



What Does History Suggest About Estate Tax Reform?
Trust and Wealth Management Marketing
10-Aug-09

The conventional wisdom may be wrong, according to this blog post.


19 States Collect Estate Tax
Julie's Wills and Estate Planning Blog
10-Aug-09

Link to chart listing decoupled states.


Family Conferences Can Help Families Care for Elderly Relatives
Elder Law Answers Blog
10-Aug-09

Suggestions for planning and conducting the meeting.


Pet Trusts Authorized in Connecticut
Wills, Trusts & Estates Prof Blog
10-Aug-09

New statute takes effect October 1st.

Additional coverage: Estate & Tax Planning Musings



Cash for Clunkers Program is Bad News for Charities
Don't Mess With Taxes
07-Aug-09

Program may reduce donations to charities.

Additional coverage: The Washington Post



CBO Report Illustrates Four Estate Tax Alternatives
Trust and Wealth Management Marketing
07-Aug-09

Summary of four possible approaches to estate tax reform.

Additional coverage: Tax Prof Blog



Ten Great Tax Quotes
The Tax Lawyer's Blog
06-Aug-09

Classics.


Tax Refunds Issued to Madoff Investors
Tax Prof Blog
06-Aug-09

Link to New York Times article.


Federal Estate Tax Legislation
North Carolina Estate Planning Blog
05-Aug-09

Scary prospect -- but it could happen.

Additional coverage: Trust and Wealth Management Marketing



Tax Receipts Suffer Largest Drop Since 1932
Tax Policy Blog
04-Aug-09

"Recessions are bad business for government. Total tax receipts are down 18 percent this year, the lowest yearly drop since 1932 the AP reports. Individual income tax receipts are down 22 percent and corporate income tax receipts are down 57 percen

Additional coverage: http://dontmesswithtaxes.typepad.com/dont_mess_with_taxes/2009/08/tax-receipts-hit-depressionera-low.html



Quizzle Web Site Compiles Report About Your Finances
Good Financial Cents
04-Aug-09

This blog post describes how the Quizzle site works.


Basis Overstatement Does Not Trigger 6-Year Statute of Limitations
Rubin on Tax
04-Aug-09

Salman Ranch Ltd. et al. v. U.S., 104 AFTR 2d ¶ 2009-5190 (CA FC 7/30/2009).

Additional coverage: Tax Update Blog



Money Flows From Wirehouses to Independents
Trust and Wealth Management Marketing
03-Aug-09

Link to Aite Group report


ABA Tax Section Supports Tax Preparer Regulation
The Tax Lawyer's Blog
03-Aug-09

"...the Section of Taxation recommends that a core competency exam be given to would-be paid preparers, and [that] annual continuing education requirements be imposed on them."


Five Myths About the Estate Tax
Tax Prof Blog
03-Aug-09

Link to MSN article.


Commentary on Heckerman District Court FLP case
North Carolina Estate Planning Blog
02-Aug-09

Link to GiftLaw eNewsletter article on David E. Heckerman et ux.v.United States; No. 2:08-cv-00211 (27 Jul 2009).


Bar Association Comments on Tax Regulations and Legislative Proposals
Tax Prof Blog
02-Aug-09

Links to ABA Tax Section and RPTE Section position papers


Tax Court Denies Taxpayer Recovery of Attorney Fees
The Tax Lawyer's Blog
02-Aug-09

Summary and link to Stephen J. Trollope, Petitioner v. Commissioner of Internal Revenue, T.C. Memo. 2009-177 (July 30, 2009.


US and UBS Settle Tax Shelter Case
Tax Prof Blog
31-Jul-09

Links to press articles.


IRS Voluntary Disclosure Procedures Summarized
The Tax Lawyer's Blog
30-Jul-09

Summary of procedures and link to IRS website.

Additional coverage: Tax Update Blog



IRS Voluntary Disclosure Program Produces Results
Trust and Wealth Management Marketing
30-Jul-09

Link to Wall Street Journal article (subscription required for full text)

Additional coverage: Tax Prof Blog



Top 1% of Earners Pays More Tax Than Bottom 95%
Tax Policy Blog
29-Jul-09

Newly released IRS data.

Additional coverage: Tax Update Blog



Accounting Graduates More Plentiful Than Ever
Tax Prof Blog
29-Jul-09

Link to AICPA report entitled "2009 Trends in the Supply of Accounting Graduates and the Demand for Public Accounting Recruits".


Using MIB to Locate Life Insurance Policies
Toronto Estate Law Blog
29-Jul-09

Link to Life Insurance Policy Locator Service.


Target Date Funds Face Uphill Battle
Trust and Wealth Management Marketing
29-Jul-09

Can they achieve their objective?


Higher Income Taxes Will Shrink Tax Base
Tax Policy Blog
29-Jul-09

"...for every 1% decrease in the after-tax reward from earning income—what taxpayers get to keep after paying taxes—taxpayers reduce their reported income by about 0.4%."


Tax Aspects of "Cash for Clunkers" Program
Good Financial Cents
28-Jul-09

How the program works; income tax angles.


Online Resource Calculates Intestacy Distributions
Julie's Wills and Estate Planning Blog
25-Jul-09

Link to a series of calculators -- one for each state. We've added the link to LISI's Links section as well.


Burnin' Down the House -- For Charity
Tax Prof Blog
24-Jul-09

Kirk Herbstreit case raises tax issues.

Additional coverage: TaxGirl



Deductible Tax Preparation Costs
The Wandering Tax Pro
23-Jul-09

They're not limited to the tax preparer's fee.


Claims Court:: LLC Interest Not Subject to Automatic Passive Loss Rule
Tax Prof Blog
22-Jul-09

Thompson v. CommissionerNo. 06-211 T (Fed Cl. July 20, 2009) agrees with Tax Court's June 30 decision in Garnett v. Commissioner.

Additional coverage: Tax Update Blog



Funeral at Home
Toronto Estate Law Blog
22-Jul-09

More people are arranging funeral services at home. Link to NY Times article.

Additional coverage: Wills, Trusts & Estates Prof Blog



Including Online Assets in the Estate Plan
New Jersey Estate Planning
21-Jul-09

Link to Wall Street Journal article.

Additional coverage: Wills, Trusts & Estates Prof Blog



WSJ: IRS Cracks Down on Offshore Tax Evaders
Tax Prof Blog
20-Jul-09

Link to Wall Street Journal article


Health Care Reform Surtax Proposal Spurs Commentary
The Tax Lawyer's Blog
20-Jul-09

Links to blog posts.


New NC Law Will Bar Bequests to Drafting Attorney Unless Related
North Carolina Estate Planning Blog
20-Jul-09

Law takes effect January 1, 2010.


Income Tax Surtax in House Bill: Reasonable or Just Wrong?
Tax Prof Blog
18-Jul-09

CBPP Report says the former; see the Additional Coverage link below for the alternative viewpoint.

Additional coverage: Tax Update Blog



Uncertainty Clouds Roth IRA Planning
Trust and Wealth Management Marketing
18-Jul-09

Earnings on Roth IRAs is tax free now, but can you be sure that will continue? Link to NY Times article.


Texas Bill Would Restrict Relocation of Trusts
Wills, Trusts & Estates Prof Blog
17-Jul-09

As states enact laws to attract trust assets, this one would seek to stem the outflow. Link to NY Times article.


Filial Support Laws Make Children Legally Responsible for Parents' Care
PA Elder, Estate & Fiduciary Law Blog
16-Jul-09

A 2005 Pennsylvania statute is the focus of these blog posts.

Additional coverage: Pennsylvania Fiduciary Litigation



Time Running Out for UBS Investor Voluntary Disclosure
The Tax Lawyer's Blog
16-Jul-09

Link to Wall Street Journal article


Charitable Giving Declined Last Year
Estate & Tax Planning Musings
16-Jul-09

According to a Giving USA Foundation study.

Additional coverage: Wills Trusts & Estates Prof Blog



Harvard Professor Proposes Reforms to Income Taxation of Mutual Funds
Tax Prof Blog
15-Jul-09

Changes would make funds more attractive.


Colorado Tax Preparer Sentenced for Tax Fraud
The Tax Lawyer's Blog
15-Jul-09

Unlicensed, unenrolled preparer gets two years. This blog post also comments on the IRS proposal to regulate tax preparers.

Additional coverage: Don't Mess With Taxes



Equity Indexed Annuities for Seniors Criticized
The Probate Lawyer Family Feud Blog
14-Jul-09

Link to NBC Dateline segment.


WSJ: UBS Case Jeopardizes Tax Treaty
Tax Prof Blog
14-Jul-09

Links to Wall Street Journal editorial and articles. (Subscription required for some content).

Additional coverage: ataxingmatter



Judge Sotomayor and the Rudkin case
The Tax Lawyer's Blog
13-Jul-09

Analysis of 2nd Circuit opinion reversed by the Supreme Court.


New York Court: Widow Lacks Standing to Sue Attorney for Malpractice
Estate & Tax Planning Musings
10-Jul-09

Leff v. Fullbright & Jaworski, LLP, 2009 NY Slip Op. 31445(U) (NY County June 30, 2009).

Additional coverage: Wills, Trusts & Estates Prof Blog



DOMA Under Fire From Massachusetts Attorney General
Wills, Trusts & Estates Prof Blog
10-Jul-09

Massachusetts challenges the federal Defense of Marriage Act. Link to National Law Journal article.


Swiss Seek to Block Release of Client Data
Tax Prof Blog
09-Jul-09

Links to newspaper articles on UBS case.

Additional coverage: ataxingmatter



Social Security Numbers at Risk, Says Study
The Tax Lawyer's Blog
07-Jul-09

This one's kind of scary. Links to Slashdot and Washington Post articles.

Additional coverage: The War Agaist Wall Street



Delaware Reinstitutes Estate Tax
Altman Speaks
07-Jul-09

Effective July 1, 2009. New tax is tied to 2001 federal state death tax credit.

Additional coverage: Julie's Wills & Estate Planning Blog



FLP Valuation Discounts in Non-Tax Litigation
Florida Probate & Trust Litigation Blog
06-Jul-09

Discussion of Zoldan v. Zohlman, (Fla. 3d DCA May 13, 2009); link to Florida Bar Journal article.


Promising Gains and Safety: Financial Alchemy?
Trust and Wealth Management Marketing
06-Jul-09

Link to Wall Street Journal article


Massachusetts Enacts UPMIFA
Nonprofit Law Prof Blog
06-Jul-09

Uniform Prudent Management of Institutional Funds Act, that is. Includes links to the Act and to a Boston Globe article.


Bingham McCutchen Will Acquire McKee Nelson
Tax Prof Blog
06-Jul-09

Tax firm finds new home.


Plan Now for Roth IRA Conversions Without AGI Restriction
Good Financial Cents
06-Jul-09

Things you can do now.


FDIC Coverage for Assets Held in Revocable Trust
Tennessee Estate Planning Law
05-Jul-09

Summary of the rules, with link to the FDIC website.


Should Wikipedia Be Tax-Exempt?
Nonprofit Law Prof Blog
02-Jul-09

Commentary on a UK tax ruling regarding Wikimedia UK, the local Wikimedia chapter covering the United Kingdom


Failure to Hire Tax Counsel Rendered Defense Ineffective
Tax Prof Blog
02-Jul-09

CPA's guilty plea in Baxter v. United States, No. 1:04-cr-00371 (N.D. Ill. June 25, 2009) voided.

Additional coverage: Tax Lawyer's Blog



Resources for Caregivers to the Elderly
Massachusetts Estate Planning and Elder Law
02-Jul-09

Links to websites with helpful information.


Recent Legislation Reshuffles List of Highest State Income Tax Rates
Tax Policy Blog
02-Jul-09

Updated list shows Hawaii leading the pack.


Should IRS Regulate Unlicensed, Unenrolled Tax Preparers?
Tax Update Blog
02-Jul-09

Annual Report of National Taxpayer Advocate Nina E. Olson spurs debate.

Additional coverage: The Tax Lawyers Blog



Passive Losses for LLC and LLP Interests Not Automatic , Says Tax Court
Estate & Tax Planning Musings
01-Jul-09

IRS loses summary judgment motion in Garnett, 132 TC No. 19 (6/30/2009)

Additional coverage: Tax Update Blog



Which Poses Greater Risk: Inflation or Deflation?
Bruce's Blog
01-Jul-09

Link to CNNMoney.com article


Caution: Higher Taxes Ahead
Tax Prof Blog
30-Jun-09

WSJ column by Roger Altman suggests a value added tax may be in the mix next year.


Charitable Endowments: How Much is Enough?
Nonprofit Law Prof Blog
30-Jun-09

Economic downturn taxes accumulated reserves.


FBAR Filing Deadline Extended for Some Taxpayers
The Tax Lawyer's Blog
29-Jun-09

Link to recently revised IRS Frequently Asked Questions page.


Voluntary Disclosure Program for Undisclosed Foreign Accounts
Pennsylvania Fiduciary Litigation
27-Jun-09

Brief summary of background and procedures.


Debts, Taxes and Promises Will Complicate Pop Star's Estate
Tax Prof Blog
26-Jun-09

Links to articles in Business Week and the Wall Street Journal

Additional coverage: Death and Taxes



Factors Pointing to Undue Influence in Florida Will Contests
Florida Probate & Trust Litigation Blog
25-Jun-09

Link to Florida Bar Journal article.


Obama Proposal Would Streamline Financial Aid Applications
Tax Prof Blog
25-Jun-09

Links to newspaper articles on the new proposal.


Census Bureau Predicts Aging of Population
Elder Law Prof Blog
25-Jun-09

Census Bureau news release documents the trend toward older populations worldwide.


Five Wishes Offers Directive for Children
Massachusetts Estate Planning and Elder Law
24-Jun-09

A version for children with serious illnesses.


Bill Would Facilitate IRS Offers in Compromise
The Tax Lawyer's Blog
23-Jun-09

Bill would eliminate down payment requirement.


Is DOJ Turning Soft on UBS?
TaxGirl
23-Jun-09

Conflicting reports on the status of offshore tax evasion case.

Additional coverage: Tax Prof Blog



Estate Tax Projections Take Center Stage in Astor Trial
Trust and Wealth Management Marketing
22-Jun-09

Link to New York Times article. Prosecutors fault estate planning attorney for including a hypothetical date of death on estate tax projections.


Did Tax Policies Help Cause the Financial Crisis?
Tax Prof Blog
20-Jun-09

Link to Forbes article that cites a recent IMF study.

Additional coverage: Tax Policy Blog



Corporate-Owned Life Insurance Spawns Litigation
Wills, Trusts & Estates Prof Blog
18-Jun-09

Links to Wall Street Journal articles. (Subscription required to read full text of WSJ article.)


Five Wishes Organization Issues Rebuttal
Death and Taxes
17-Jun-09

Response to Illinois Bar Journal article on Five Wishes health care directive document. For background, see "Article Urges Caution in Using Five Wishes Document" (June 11, 2009) below.


Author Crichton's Estate Poses Mysteries and Legal Issues
Wills, Trusts & Estates Prof Blog
17-Jun-09

"...an estate worth millions, a posthumous son, a widow and four ex-wives, and a secretive will..."


529 Plan Assets Can Now Be Used for Computers and Internet
Tax Prof Blog
16-Jun-09

American Recovery and Reinvestment Act of 2009 provision expands permissible expenditures from plans.

Additional coverage: Estate & Tax Planning Musings



Homes in Multiple States Can Cause Tax Problems
Wills, Trusts & Estates Prof Blog
16-Jun-09

Link to Financial Times article.


No Limitations on Removal of Trustee
Wills, Trusts & Estates Prof Blog
15-Jun-09

Texas Supreme Court decision holds that statute of limitations does not apply to an action to remove a trustee for breach of trust


CTJ Report Criticizes Estate Tax Studies
Tax Prof Blog
15-Jun-09

Reports say repealing the tax would INCREASE federal revenues. Citizens for Tax Justice disagrees.


Bill Would Limit Conflicts of Interest in Retirement Plan Investment Advice
Getting Your Financial Ducks in a Row
12-Jun-09

Summary of H.R. 1988


Article Urges Caution in Using Five Wishes Document
Wills, Trusts & Estates Prof Blog
11-Jun-09

Summary of Illinois Bar Journal article.

Additional coverage: Death and Taxes



2008 Charitable Donations Down 5.7%
Nonprofit Law Prof Blog
10-Jun-09

Links to newspaper articles and Giving USA report


Planning for Access to Online Accounts
Wills, Trusts & Estates Prof Blog
07-Jun-09

Links to articles and resources on protecting heirs' access to digital information.


Investing in Lawsuits
Trust and Wealth Management Marketing
03-Jun-09

Link to New York Times article.


New Database Catalogues Unclaimed Remains
Wills, Trusts & Estates Prof Blog
02-Jun-09

California county creates database of unclaimed dead.


Top Court to Address Tax Patents
Trust and Wealth Management Marketing
02-Jun-09

Pending case has possible implications for tax strategy patents.

Additional coverage: Tax Prof Blog



Florida case: Challenging a Settlor's Withdrawal of Funds from Revocable Trust
The Florida Probate & Trust Litigation Blog
01-Jun-09

Recent Florida case holds that a settlor's removal of funds from a revocable trust cannot be challenged on the ground of undue influence, even if the settlor is no longer living.

Additional coverage: Rubin on Tax



Is Delaware a Domestic Tax Haven?
Don't Mess With Taxes
30-May-09

New York Times article reports on efforts by other states to recover taxes saved by corporate taxpayers using Delaware entities.


Billing Rates and Practices of Texas Estate Planning Attorneys
Wills, Trusts & Estates Prof Blog
29-May-09

This post offers a link to results of survey of Texas estate planning lawyers, including answers to such questions as: Hourly rate vs. flat fee? How much do you charge for typical planning engagements?


Time to Buy a Second Home?
Trust and Wealth Management Marketing
29-May-09

Wealthy clients may find bargains in the vacation home market, according to a Barron's article.


Alfed Nobel's Will Offers Lessons for Today
Toronto Estate Law Blog
22-May-09

"I regard large inherited wealth as a misfortune, which merely serves to dull men's faculties. A man who possesses great wealth should, therefore, allow only a small portion to descend to his relatives. Even if he has children, I consider it a mistak


Should Athletic Programs of Major Colleges Remain Tax Exempt?
Nonprofit Law Prof Blog
22-May-09

"The Congressional Budget Office has issued a report on whether income colleges and universities receive from athletic programs should continue to be viewed as related to these institutions' educational purposes and so remain exempt from federal inco


Florida Legislation Would Relieve ILIT Trustees of Management Duties
Florida Probate & Trust Litigation Blog
22-May-09

Proposed law would exclude life insurance trusts from the Florida Prudent Investor Rule


The Parente Murders and New York's Slayer Statute
The New York Probate Litigation Blog
21-May-09

Complicated legal issues arising from a lawyer's murder-suicide.


Increased Limits on FDIC Insurance Extended Through 2013
Florida Estate Planning Lawyer Blog
21-May-09

Additional coverage: Wills, Trusts & Estates Prof Blog



The Tax Code at Your Fingertips
Tax Prof Blog
19-May-09

New service offers the Tax Code for your iPhone. Next up: the Treasury Regulations, according to the lawtogo.net website.

Additional coverage: TaxGirl



"White Lies" to an Alzheimer's Patient
Elder Law Prof Blog
19-May-09

Link to a "Talk of the Nation" radio program. Ed. Note: the link to the radio program is not clickable. Instead, cut and paste it into your browser.


North Carolina's Repeal of Rule Against Perpetuities Upheld by Court
North Carolina Estate Planning Blog
08-May-09

Summary of Brown Brothers Harriman Trust Co., N.A., as Trustee of the Benson Trust v. Anne P. Benson, et al


Senators Propose Increase in Capital Loss Deduction Limitation
Don't Mess With Taxes
07-May-09

Bill sponsored by Sens. Hatch and Lincoln.


Cemetery Goes "Green"
Toronto Estate Law Blog
07-May-09

Environmentally friendly burials.


Trusts and Estates Law: Low-prestige Subject?
Tax Prof Blog
06-May-09

In law schools, are trusts and estates law courses at the bottom of the pecking order?


Star Trek Creator's Widow Leaves Money to her Dogs
Wills, Trusts & Estates Prof Blog
06-May-09

Gene Roddenberry's widow creates pet trust.


Preserving Flexibility in Charitable Donations
Wills, Trusts & Estates Prof Blog
05-May-09

Link to New York Times article.


Income Tax on Sale of Residence After One Spouse's Death
TaxGirl
03-May-09

Availability of Code section 121 exclusion after death of first spouse. A critical summary.


Anonymous Charitable Giving Rises During Recession
Nonprofit Law Prof Blog
01-May-09

Link to article in the Chronicle of Philanthropy


States Offer Tax Amnesties
Don't Mess With Taxes
30-Apr-09

Listing of states with current amnesty programs, and some commentary on the problems with tax amnesties.


Can Charity Save The New York Times?
Nonprofit Law Prof Blog
29-Apr-09

An article suggests that nonprofit organizations could have a role in solving the financial woes of the Times.


Mrs. Astor Regrets
Death and Taxes
29-Apr-09

A new book about the Astor estate controversy highlights estate planning, probate and guardianship issues.


Tax Foundation Commentary on Estate Tax Uncertainty
Tax Policy Blog
27-Apr-09

"Few taxes undermine the tax principle of stability more than the federal estate tax/death tax."


Bill Would Expand Charitable IRA Rollovers
North Carolina Estate Planning Blog
25-Apr-09

Full text of H.R. 1250, The Public Good IRA Rollover Act of 2009 (as Introduced in House)


Donor-Advised Funds Gain; Private Foundations Wane
Tax Prof Blog
22-Apr-09

Link to Wall Street Journal article.


Source of Donations is a Mystery
Nonprofit Law Prof Blog
17-Apr-09

Anonymous contributions welcomed by colleges and universities.

Additional coverage: Wills, Trusts & Estates Prof Blog



Obama and Biden Release Tax Returns
Tax Prof Blog
15-Apr-09

Links to 2008 federal and state income tax returns filed by the President and Vice President. Also. Federal Gift Tax Return filed by the Obamas reports their contributions to a Section 529 plan for the children's education.

Additional coverage: Taxgirl



Paying Attorneys Not to Work
Wills, Trusts & Estates Prof Blog
15-Apr-09

One firm's plan for lowering costs in the recession.


Senate Estate Tax Vote: Relief for the Ultra-Rich?
ataxingmatter
13-Apr-09

One viewpoint on the latest Congressional action.


Estate Planning for Digital Assets
Florida Estate Planning Lawyer Blog
13-Apr-09

Strategies and software for managing online accounts and other digital assets.


The Obama Estate Tax Would Impact 6,160 Estates (and 100 Farms and Small Businesses) in 2011
Tax Prof Blog
13-Apr-09

Under the Obama estate tax proposal, what states would be home to the most taxable estates? And how many would include farms and small businesses?


The Importance of Dying Organized
Wills, Trusts & Estates Prof Blog
13-Apr-09

Wall Street Journal article offers tips on making life easier for your heirs


Bad Economy is Good For GRATs
Wills, Trusts & Estates Prof Blog
13-Apr-09

Wall Street Journal article explains why this is a good time to form a grantor retained annuity trust.


Offshore Accounts in Dangerous Waters
PA Elder, Estate & Fiduciary Law Blog
13-Apr-09

IRS prosecution of offshore tax evasion; and an amnesty program.

Additional coverage: ataxingmatter



New Law on Durable Powers of Attorney in New York
The New York Probate Litigation Blog
11-Apr-09

New statute imposes new requirements that may affect residents of other states who have business in New York.


New York Times and Wall Street Journal Debate the Estate Tax
Tax Prof Blog
10-Apr-09

Two different takes on the latest estate tax vote in the Senate.



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