Things to Remember at Tax Time

Tax time is rapidly approaching.  You want to file all the proper forms and take all deductions you're entitled to. Following are some things to keep in mind as you prepare your tax form.

• Gifts. Did you give away any money this year? The gift tax can be very confusing. If you gave away more than $13,000 in 2009, you will have to file a Form 709, the gift tax return. This does not necessarily mean you will owe taxes on the money, however, and most folks making gifts will owe no tax. Click here for more information.
• Medical Expenses. Many types of medical expenses are tax deductible, from hospital stays to hearing aids. To claim the deduction, your medical expenses have to be more than 7.5 percent of your adjusted gross income. This includes all out-of-pocket costs for prescriptions (including deductibles and co-pays) and Medicare Part B and Part C and Part D premiums. (Medicare Part B premiums are usually deducted out of your Social Security benefits, so be sure to check your 1099 for the amount.) You can only deduct medical expenses you paid during the year, regardless of when the services were provided, and medical expenses are not deductible if they are reimbursable by insurance. Click here for more information.

Carryover Basis Complicates Planning / Settlement

I have been asked a lot of questions about the new carryover basis rules and what this means for someone who inherits property in 2010. Simply put, repeal of the federal estate tax that has taken effect in 2010 means that the stepped up basis that the inheritor would have received in 2009 and prior years is officially gone.

The good news is, that for most smaller estates, the practical effect of the change is non-existent. Moderate and larger estates, however, will now find additional taxes, and complications.

A stepped up basis means that the recipient of an inherited asset gets to increase the income tax basis of the asset to its date of death fair market value, which in turn is the basis used for calculating capital gains taxes when the inherited asset is sold. But not so now - instead for deaths occurring in 2010 an heir will receive the decedent's original basis in the inherited asset, which can be adjusted by the executor or personal representative using the new modified carryover basis rules. The personal representative call allocate additional basis to the property received by the beneficiary, in order to reduce the capital gain.

In 2009 and years prior, for example, if a beneficiary inherited a house that cost the decedent $500,000 but

No Estate Tax in 2010 - Good and Bad News

There is currently no tax on the estates of those dying during 2010.   Although it is possible that Congress could reinstate the tax retroactively in 2010, the possibility is uncertain, at best.  If Congress fails to act, however, although a few wealthy families will benefit, many families with smaller estates will pay capital gains on inherited assets.  Moreover, executors and successor trustees must contend with new, and what may prove to be significant, administrative burdens.

Under the provisions of a Bush-era tax-cut bill enacted in 2001, the value of estates exempt from the tax has increased over the past eight years while the tax rate on estates has been reduced, so that in 2009 only an individual estate worth $3.5 million or more is taxed, at a rate of 45 percent. For the year 2010, according to the 2001 law, the estate tax disappears entirely, only to be restored in 2011 at a rate of 55 percent on estates of $1 million or more.

For persons with larger estates, their estate plans will need to reviewed and reconciled with the lack of

Strange Suit Against Michael Jackson's Estate

After reading that a taxpayer had sued the Michael Jackson estate to recover money spent for his memorial, I suspected that there would be other cases.  Of course, a quick google search revealed an interesting case, reported by TMZ.   TMZ reported last week that "[a] woman who claims to have spent 2,000 hours analyzing the extended family of Michael Jackson -- including children, birth mother(s), sperm donor claims ... and on and on ... wants more than $2 million from Michael Jackson's estate." 


According to TMZ, "Claire McMillan says she's a 'homeschool expert' who did 'a thorough analysis' of Jackson's complete extended family, to determine ... well, it's not clear why she was doing it.  Whatever ... she concluded that Katherine Jackson is doing 'a poor job outside of the home, related to - grooming, age, and psyc (sic) appropriate activities, same-sex, academic & soc interactions w/ non-extended family children .... ' oh, what's the use? It makes no sense." 

TMZ reports that McMillan claims she also inquired as to whether Dr. Arnold Klein would be interested in obtaining guardianship of the children with McMillan and her husband.  McMillan claims that her time is worth $1,000 an hour, and she wants $2,002,000 for her efforts.  Wow!

Howard Weitzman, lawyer for the Michael Jackson estate, reportedly told TMZ that, "[t]o the best of our knowledge, Ms. McMillan never did anything for the estate and the estate owes her nothing."  TMZ goes so far as to characterize the suit as a "Crazy Creditor's Claim."  No clarification if TMZ is saying the claim is crazy, the creditor is crazy, or both.

You can read more here.

Michael Jackson's Estate Sued Over Memorial

The Michael Jackson memorial in Los Angeles last July reportedly cost the cash-strapped city millions of dollars in police overtime and sanitation expenses, and now one  resident wants  Michael Jackson's family to pay the bill. According to the Associated Press, Jose F. Vallejo is seeking $3.3 million from Jackson’s estate.  The lawsuit, typically called a taxpayer's suit, is brought under a California law which permits taxpayers to sue in order to recover money on behalf of a governmental entity to which the taxpayer pays taxes. The taxpayer has requested that the money be deposited into the treasury for the City of Los Angeles.  Although the taxpayer typically does not benefit directly from the action, there are typically attorney fees which may have to be paid either by the defendant or the City, depending upon the outcome of the case.  The taxpayer benefits, at least theoretically, indirectly by reduced need for taxation.

Ohio, too, has a statute which permits taxpayer suits in certain cases. 

While the memorial cost the city millions, it also reportedly earned $4 million for the city’s hotels, restaurants