Section News | The 2012 Real Property, Trust and Estate Law Section's Strategic Plan
The Section recently adopted a strategic plan designed to increase membership, enhance member knowledge of Section resources, expand electronic CLE efforts, and sharpen its focus as a leading Section of the ABA. Read more here.
Comments to the IRS on Portability Regulations
The Income and Transfer Tax Planning Group and Estate and Gift Tax Committee submitted comments to the IRS pertaining to the portability of transfer tax exemptions between spouses embodied in Internal Revenue Code Sections 2010(c)(2)–(6). Click here to read their submission.
Section Diversity Awards
The Section Diversity Awards were announced at the Plenary Session during the 2011 Fall Leadership Meeting in Scottsdale, AZ. Two RPTE Groups were recognized for their work in promoting diversity within the Section. Read about them here.
Thank You to the 2011 Fall Leadership Meeting Sponsors
The 2011 Fall Leadership Meeting, held in Scottsdale, AZ, could not have been possible without the generous support of the following sponsors: | | Articles of Interest | 
Real Property
News |
Buying Dirty Property Safely- EPA Clarifies the "No Affiliation" Requirement for Purposes of Qualifying for Protection as a Bona Fide Prospective Purchaser or Contiguous Property Owner Under the Brownfields Amendments
Jane Warren and Shawn Smith
This article examines the EPA guidance document issued earlier this year that attempts to clarify when the EPA will (or will not) exercise its enforcement discretion in determining that a purchaser of contaminated property is not "affiliated with" another potentially responsible party under CERCLA.
PEB Report on the "Application of the Uniform Commercial Code to Selected Issues Relating to Mortgage Notes"
Dale A. Whitman
On November 14, 2011, the Permanent Editorial Board for the Uniform Commercial Code released a report entitled the "Application of the Uniform Commercial Code to Selected Issues Relating to Mortgage Notes." This report is a guide to appropriate application of the UCC in connection with mortgage foreclosure litigation. Matrix of Secondary Market (FHA, VA, Fannie Mae, Freddie Mac) Requirements for Condominium Unit Loans
Kenton L. Kuehnle
Learn more about the requirements of the various secondary market lenders, guarantors and insurers who deal in condominium unit loans from review of this helpful matrix developed by Kenton Kuehnle. The matrix is a starting point for counsel wishing to become more familiar with how to qualify projects for secondary market financing.
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Trust and Estate News
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Charitable Gifts of S Corporation Stock–How To Do It
Christopher J. Hoyt
Chris Hoyt provides a comprehensive review of the rules, relevant laws and types of transactions applicable to the charitable gifting of S Corporation stock. The article also contains proposals to reform laws so as to promote consistent tax treatment of gifts of closely-held business interests and to simplify the administration of the applicable tax laws.
The Rules of Portability
Tracy Blake DeVlieger and Tiffany B. Carmona
The concept of portability was codified as Internal Revenue Code section 2010(c) pursuant to sections 302 and 303 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, and sunsets with the rest of the Act on December 31, 2012. This article is the first in a series of articles prepared by the Section’s Estate and Gift Tax Committee which focuses on the history, rules and planning aspects of portability of federal transfer tax exclusion between spouses.
Will the U.S. Supreme Court Resolve The Issue of “Who Is A Decedent’s Child?”
Kristine S. Knaplund
Recently, the U.S. Supreme Court granted cert in Capato v. Astrue, a case in which the 3rd Circuit declined to follow Social Security administration regulations, thus raising an issue of Chevron deference. The 8th Circuit issued its opinion in Beeler v. Astrue regarding whether a child conceived more than a year after a deceased wage earner’s death with his express consent is eligible to inherit under state law, and thus qualifies as his “child” to receive Social Security survivor’s benefits. This decision aligns the 8th Circuit with the Social Security Administration and other U.S. courts in holding that the postmortem conception child must demonstrate that applicable state law entitles him to inherit in intestacy as the decedent’s child.
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| Technology & Law Practice Management | Smartphones for Lawyers
Robert D. Steele and Tony Gjata
eReport Editor Robert Steele, along with his co-worker Tony Gjata, weigh in on the latest smartphone options for lawyers. Download this informative article.
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Have you heard? We have monthly contests on our social networking sites where you can win free RPTE eCLEs or even a RPTE book! Join us today!
  
| Upcoming CLE | Live In-Person CLE: ABA Mid-Year Meeting
February 1-7, 2012
New Orleans, LA
RPTE 23rd Annual Spring Symposia and Leadership Meeting
May 3-6, 2012
New York, NY
eCLE Programs:
The Dirty Dozen: The Most Common Methods Used to Financially Exploit the Elderly
January 17, 2012 S Corporation Tricks, Traps and Solutions
February 7, 2012
To view a complete list of upcoming eCLE programs, visit the eCLE webpage here. All RPTE eCLEs are teleconferences, with the option to listen via live audio webcast. All eCLEs occur
12 p.m.-1:30 p.m. Central time unless noted otherwise. | Group and Committee News |
Real Property
Special Investors and Investment Structure Group
This large Group has many things planned for the coming year, from reaching out to its members to a CLE program at the Spring Symposia. Learn more here.
Real Estate Financing Group
From specialized subcommittee projects to joint working groups, the Real Estate Financing Group has had an extremely productive year thus far. Read more here.
Trust & Estate
Non-Tax Estate Planning Considerations Group
This Group has been busy planning teleconferences, updating its Group webpage and reviewing tax regulations. Click here to read more.
| Volunteer Opportunities |
The Employee Benefits Group
Needs Your Questions! The Employee Benefits Group is putting together a teleconference on domestic partner benefits on February 9, 2012. If you have any domestic partner employee benefits questions or concerns that you would like to see addressed on the call, please email those questions to Cynthia Van Bogaert, with the subject line: Questions for RPTE EB Domestic Partner Program.
| Young Lawyers Network | Spotlight on the 2010-2012 Class of Fellows The Section has asked the 2010-2012 class of Fellows to submit to the eReport what their Fellowship has meant to them. This month, Real Property Fellow Peggy Sullivan is highlighted.
| Law Students | Law Student Benefits Are you a RPTE law student and interested in learning more about the benefits of your Section membership? Read more here!
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Trust & Estate Practice Alert
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IRS Proposes New Regulations under
Section 2032 - Alternate Valuation for Estate Tax Purposes
Tax Court Allows Interest Deduction for Interest on a Graegin-type Loan
The Business Planning Group
The Business Planning Group has two recent updates. Lisa Rico summarizes Duncan v. Commissioner, T.C. Memo 2011-255, allowing an estate tax deduction for interest on a Graegin-type loan. Hugh Drake provides an update on proposed regulations on Section 2032 - the alternate valuation date for estate taxes.
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Join a Group or Committee Today!
RPTE members can join Groups and Committees online at www.ambar.org/rpte. For questions regarding membership, contact Bunny Lee at (312) 988-5651 or email bunny.lee@americanbar.org. | Would you like to write an
article for the eReport? If you have something to say, and would like your article considered for the eReport, simply email Robert Steele, Editor, at steele@whafh.com
for further details. | |
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