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HTMLProposed Regulations Regarding Disguised Payments by Partnerships for Services with a Focus on Management Fee Waivers
Elliot Galler, Kristin Konschnik; Withers Bergman LLP;
Legal Alert/Article
August 25, 2015, previously published on August 21, 2015
On July 23, 2015, the US Treasury Department and IRS released proposed regulations (the 'proposed regulations') (REG - 115452-14) under Section 707(a)(2)(A) related to disguised payments for services by a partnership. These regulations are intended to address (among other things) waivers of certain...

 

HTMLTreasury Issues Notice of Upcoming Regulations Pertaining to Transfers of Certain Property to Partnerships With Foreign Related Partners
Kristin Konschnik, Mitchell R. Kops, Eric Roose; Withers Bergman LLP;
Legal Alert/Article
August 20, 2015, previously published on August 18, 2015
On 6 August 2015, the US Department of the Treasury issued Notice 2015-54 (the 'Notice') outlining its intent to issue regulations under Internal Revenue Code ('IRC') Section 721(c). These new regulations are designed to ensure that when a US person transfers certain appreciated property to a...

 

HTMLUS Treasury May Require Gain Recognition on Certain Transfers of Appreciated Property to Partnerships on or After 6 August 2015
Kristin Konschnik, Mitchell R. Kops, Eric Roose; Withers Bergman LLP;
Legal Alert/Article
August 20, 2015, previously published on August 18, 2015
On 6 August 2015, the US Treasury Department issued Notice 2015-54 outlining its intent to issue regulations under US Internal Revenue Code Section 721(c) to ensure pre-existing ('built-in') gain in assets that are contributed to a partnership is recognized by the contributing partner under certain...

 

HTMLCalifornia Now Requires that Public Charities Disclose “Significant Donor" Information to California Attorney General
Steven John Chidester, Rebecca Lynne O'Toole; Withers Bergman LLP;
Legal Alert/Article
August 18, 2015, previously published on August 18, 2015
A recent court rulingi upheld the California regulation that requires charities located or operating in California to provide a copy of their unredacted Form 990 Schedule B to the California Attorney General.ii California joins the list of states that now require charitable organizations to file an...

 

HTMLItalian Voluntary Disclosure: Act Now Before It Is Too Late
Giulia Cipollini, Filippo Noseda; Withers Bergman LLP;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
Following the example of other OECD countries, Italy introduced a Voluntary Disclosure Programme at the beginning of 2014.

 

HTMLHow Much is Too Little? Widow Applies for Reasonable Provision after Being Left £15 Million Estate
Henrietta Mason; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
In Dellal v Dellal the court refused to strike out or determine by summary judgment the claimant widow's claim for provision from the deemed net estate of her husband under the Inheritance (Provision for Family and Dependants) Act 1975.

 

HTMLWhen No Claim Doesn't Mean No Claim - Former Spouse Bringing 1975 Act Claim As Cohabitee
Paul Hewitt; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
Where a divorce order states that parties to a divorce may not claim a share in either's estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), one might assume that on the death of one of the parties, the survivor is barred from claiming for provision under the...

 

HTMLDo the Right Thing - Construction of Wills in California
Geoffrey Kertesz; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
A homemade handwritten will. No witnesses. An estate potentially going to charity over family members. The probate litigation trifecta? Or an opportunity for the California Supreme Court to do the right thing?

 

HTMLTo Confabulate or Not to Confabulate...That is the Question: Will Validity in the High Court
Henrietta Mason; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
Confabulation: ‘the invention of circumstantial but fictitious detail about events supposed to have occurred in the past. Usually this is to disguise an inability to remember past events’. Oxford Medical Dictionary.

 

HTMLJudge Holds Handwritten Diary Note is a Valid Will
Paul Hewiit; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
The Sheriff Principal of Lothian and Borders has found that a signed holograph entry by a deceased into a notebook diary is a valid Will. The Sheriff Principal overturned the judgment of the Sheriff who had refused the deceased's sister's petition to be confirmed as executor of her sister's Will.

 


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