Undue influence disputes[1] often involve no allegations of overt fraud, coercion, or incapacity, instead turning on the fairness of transactions that occur within confidential relationships. A recent Mississippi Court of Appeals’ decision[2] provides a clear illustration of how courts analyze these disputes and why the burden imposed on a beneficiary who occupies a position of…
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The IRS has recently announced a compliance campaign intended to address “the attempted deferral of contingent or court-awarded attorney fees by cash-method attorneys/law firms (taxpayers) who direct that such fees be paid to a third-party instead of the taxpayer.”[1] The IRS is concerned that plaintiff’s attorneys are deferring payment of income tax on legal fees…
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While most people know the phrase not everything you read on the internet is true, many don’t know what can actually be relied upon in a legal setting. A reasonable person might think the instructions on an IRS publication or a web article or website published by a credible source, such as an accounting or…
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Reasonable compensation has been a relatively hot topic this year. Charles Allen previously discussed the Blossom case in which the taxpayers were penalized for understating the compensation of the two owners/officers of an S corporation.[1] While Charles’s discussion focused on employment taxation, Josh Sage followed up with an article on the resulting income taxation consequences…
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