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TRUST AND ESTATE BUSINESS PLANNING GROUP

ABA Section of Real Property, Trust & Estate Law

TRUST AND ESTATE BUSINESS PLANNING GROUP

WHO WE ARE/MONTHLY PHONE CONFERENCE

ABA RPTE BUSINESS PLANNING GROUP-WHO WE ARE:

The Business Planning Group of committees covers choice of entity, estate planning, and estate administration for clients who own business entities or interests in farms or ranches. The entities may be active businesses or formed to hold investments. Entities include partnerships (general, limited, and/or limited liability), limited liability companies, and corporations (including those with an "S" election in place).


MONTHLY GROUP PHONE CONFERENCE-PLEASE JOIN US, ALL ARE WELCOME!

FIRST WEDNESDAY OF EACH MONTH

Please join our toll-free calls the first Wednesday of the month at 1:00 Eastern, noon Central, 11:00 Mountain, and 10:00 Pacific time. Reminders and cancellations are sent to members of the Business Planning Group and its committees (Business Investment Entities, Partnerships, LLC's, and Corporations & Estate Planning and Administration for Business Owners, Farmers and Ranchers) generally a few days before the call. We will discuss current developments or practical ways members handle issues that arise in this area. Please sign up for the Group/Committee to receive confirmation of the time and call-in instructions shortly before the call. This conference uses a toll-free number with no obligation to you. Join our calls the first Wednesday of each month. We will e-mail the call in number and password a few days for the conference call.

Monthly Call-In Instructions (click here)

NOVEMBER 4 CALL

Business Planning Group Call
Wednesday, November 4, 2009, 12:00-1:00PM CT
Dial-in phone #: 1-800-504-8071; Passcode: 9885683

Dan McCarthy, Esq., The Blum Firm, Forth Worth, TX, will lead a discussion on a recent FLP case, Murphy vs. United States, U.S. Dist. Ct. W.D. Ark. El Dorado Division, Case No. 07-CV-1013 (October 2, 2009), considered to be a taxpayer victory, dealing with the the bona fide sale exception to ?2036, blockage and tiered valuation discounts, and interest deductions on Graegin loans; Lisa M. Rico, Esq., McCarter & English, Boston, MA, will lead a discussion on PLR 200939003 (September 25, 2009) that limited the extension of time to payment generation-skipping transfer tax under ?6166 to direct skips, but not applicable to taxable terminations. William S. Forsberg, Esq., ABA RPTE Business Planning Group Chair, Leonard, Street and Deinard, Minneapolis, MN will briefly summarize two recent income tax cases, Garnett and Thompson, dealing with whether or not partners in LLCs and LLPs should be treated as limited partners in limited partnerships for purposes of the ?469 passive activity income tax rules. Finally, we will have an open forum to discuss practice related issues.


2009 BUSINESS PLANNING GROUP UPCOMING EVENTS

Committee Events
ABA RPTE SPRING SYMPOSIUM CLE
May 6, 2010 - May 9, 2010


The Business Planning Group will submit topics for the ABA RPTE Spring Symposium CLE in Philadelphia, Pennsylvania.

Watch for more details.

 

BUSINESS PLANNING GROUP-POINTS OF INTEREST

RECENT PRESENATIONS

ABA RPTE Business Planning Group Live Teleconference: "Conversion of Business Entities Into Limited Liability Companies".

On July 7, 2009 James D. Spratt, Jr., William S. Forsberg, and Douglas W. Stein presented an ABA teleconference on the topic: "Conversion of Business Entities Into Limited Liability Companies".

RECENT GROUP PROJECTS

Business Planning Group Task Force-Comments to Alternate Valuation Proposed Regulations Section 20,2032-1(f)(1)

In May of 2008, the Business Planning Group assembled a task force to comment on the Alternate Valuation Proposed Regulations under ? 20.2032-1(f)(1). The task force completed its work and submitted its comments to the IRS on July 18, 2008. View the comments here. If anyone has any questions about either the task force or the comments, please contact the task force co-chairs: William S. Forsberg at (612) 335-1413 william.forsberg@leonard.com, and Hugh Drake at (217) 544-8491 Hdrake@bhslaw.com. Other members of the task force were Douglas W. Stein, Steven B. Gorin, Lisa M. Rico, Darren Wallace and Daniel McCarthy. Lou Mezzullo was the task force COGS reviewer.

Business Planning Group Comments to Notice 2007-90

In 2007 the Business Planning Group assembled a task force to comment on IRS Notice 2007-90, which dealt with security under IRC Section 6166-payment of estate tax in installments. The comments were submitted to the IRS on January 14, 2008. Click below to access the comments submitted.

January 14, 2008---CLICK HERE FOR COMMENTS

Business Planning Group Comments to IRS Regarding Appraiser Penalty Provisions

New Code Section 6695A provides for new appraiser penalties, but the scope of the provisions is unclear. A task force of the Business Planning Group reviewed the issues and submitted comments to the Service setting out the uncertainties and requesting clarification -- February 14, 2007 -- CLICK HERE FOR FULL TEXT OF COMMENTS

OTHER ITEMS OF INTEREST

ACTEC SHAREHOLDERS AGREEMENT FORM

The American College of Trust & Estate Counsel (ACTEC) has granted us permission to publish on our web page its sample shareholder agreement and related commentary. Both of these are intended as tools to help a competent tax and business lawyer raise issues; they are not intended as a complete form or a complete research resource. Please note the publication dates and be cautioned accordingly. PLEASE SEE CASE ANALYSES AND RESOURCES BELOW FOR ACTEC SHAREHOLDERS AGREEMENT MATERIAL

Business Planning Group

Business Planning Group (Archived Items)
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Leadership

Chair:  William S Forsberg

Vice-Chair:  Hugh F Drake

Committee Roster (506 total members)

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Modified by Hugh F Drake on October 27, 2009

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