The Nuts and Bolts of Estate Planning Research Matthew Novak Stefanie Pearlman University of Nebraska Schmid Law Library Print Resources Federal State Specialized Federal Resources CCH Standard Federal Tax Reporting System Standard Federal Tax Reporter Federal Estate and Gift Tax Reporter Federal Excise Tax Reporter Standard Federal Tax Reporter Covers income tax Arranged by Code Section – RIA’s United States Tax Reporter is similarly arranged 25 volumes $2689 Weekly updates Available on CCH Tax Research Network Compilation Volumes (vol. 1-18) An entry contains: – the full text of an IRC section – excerpts from Congressional committee reports – corresponding regulations (proposed, temporary, and final) – editorial commentary – Annotations to IRS documents and judicial decisions, revenue rulings and other IRS guidance (revenue procedures and procedural rules) – Notices of acquiescence or nonacquiescence Other Material Index Volume Code Volumes New Matters Volumes Citator Volumes Taxes on Parade U.S. Master Tax Guide Federal Estate and Gift Tax Reporter Covers federal estate, gift, and generationskipping transfer laws Same general format as SFTR 5 volumes $760 Weekly updates Available on CCH Tax Research Network Compilation volumes (vol. 1 -3) Contains the full text of the Internal Revenue Code and IRS regulations on federal estate, gift, and generation-skipping taxes. Each section of the IRC is coordinated with pertinent regulations, CCH explanations, annotations of decisions and rulings, and Committee Reports. Related Income Tax provisions are contained in vol. 2 New Matters (vol. 4) Pending Legislation (Legislative Status Table) Rulings IRS Letter rulings Proposed Regulations Tax Court Decisions Court Decisions Code Volume (vol. 5) Code (not annotated) Contains full text of estate and gift tax treaties. For more detailed coverage see: CCH Tax Treaties. IRS forms used in estate and gift tax matters Citator Federal Income Gift and Estate Taxation (FIGET) Covers federal income, gift and estate taxes Arranged according to the subjects of taxation (ex: Ch 54 discusses the tax aspects of trusts) 9 volumes $1523 Updated 4 times/year Content Describes the overall pattern of federal income tax law Business entities Corporate distributions Securities and indebtedness Real estate transactions Gifts, trusts, and estates Insurance and annuities Tax procedure and administration Federal Income Taxation of Estates and Trusts, 3rd ed. Discusses to whom the entity’s income will be taxed One volume $260 Updated twice a year Content Chapters each discuss a separate problem area in the income taxation of trusts and estates. Contains eighteen chapters: – Overview of the entire subject in first chapter – Retained Interests in Trust Income – Powers to Revoke or Control Trust – Income Tax Problems of Estate Administration CCH Financial and Estate Planning 4 volumes $1260 Monthly updates Content Strategies Volume-Discusses financial and estate planning techniques by source of wealth, client situation and devices to maximize benefits and minimize transfer costs at death Forms, clauses, client communication letters, checklists and sample documents designed by experts and used in practice. Current awareness devices – Articles Volume, Estate Planning Review, and Ideas and Trends State law planning considerations Estate Planning & Taxation Coordinator Organized by subject matter/transaction Nine volumes $1345 Biweekly updates Content Fairly simple language used to explain difficult concepts Provides basic definitions (e.g. What is a probate estate?) Follows RIA format – Analysis first, then look up primary sources, as needed – Flags illustrations, cautions, observations, and recommendations Relevant IRC provisions, Treasury Regulations and estate tax treaties are provided. Legislative History materials are also provided. Three ways to find information Keyword index in Volume one Spine/table of contents method Finding tables – Code Section – Treasury Regulation – Case/ruling name Federal Tax Coordinator, 2nd Organized by problem, not code section 35 volume set $2610 Biweekly updates Available online via RIA Checkpoint Content Designed for practitioners; written in non-technical terms Covers income, gift, and estate tax Also discusses other areas, including excise and international taxes that are U.S. based Provides sample client letters and checklists IRC sections and Treasury Regulations are reproduced in the back of each volume Follows RIA format – Analysis first, then look up primary sources, as needed – Flags illustrations, cautions, observations, and recommendations Federal Tax Practice: a treatise of the laws and procedures governing the assessment and litigation of Federal Tax Liabilities. 6 volumes $920 Semi-annual updates Available via Westlaw (CASEY) Content Organization of the IRS Established procedure for settlement without litigation of federal tax deficiencies General limitation periods upon assessment of federal income, estate and gift taxes Structure of the Federal tax system Trial procedures Sample pleadings, motions, and tax practice forms Estate Planning: Forms, Practice and Tax Analysis 2 Volumes $289 Updated approximately 2 times/year Content Highlights Detailed discussion of EGTRRA 2001 and JGTRRA Complete sample family estate plan Complete sample wills Estate planning for the corporate executive Estate planning with tax-deferred retirement funds Modern Estate Planning, 2nd ed. 5 volumes $1166 Updated 3 times/year Content Concise treatise on estate planning principles, incorporating “Planning Notes” Wealth transfer planning and drafting Return filing and procedure BNA Tax Management Portfolios Library has: U.S. Income, Foreign Income, and Estates, Gifts & Trusts portfolios Many spiral bound volumes (over 70 in estate planning portfolios alone) Available online via BNA, under “TM Portfolios” Updates arrive twice a month Content Each portfolio discusses a different topic within a series Each portfolio contains: – Detailed analysis – Working papers – Bibliography Index organized by: – Code section – IRS form/publication number – Within a series, by topic/keyword Federal Tax Valuation Digest Designed to assist practitioners with federal tax valuation questions One volume per year Content Includes: – US Tax Court cases – Selected tax cases from other federal courts – Selected decisions involving interests in noncorporate forms of business organizations Current version contains cases from January 1946 – January 2005 Each case is assigned a case study number Organization Organized by: – Type of security/other interest valued by the court – Type of business – Courts determination of fair market value to calculate capitalization ratios – 30 valuation factors considered by the courts – Discounts and premiums State Resources CCH Inheritance, Estate and Gift Tax Reporter – State Covers state inheritance, estate and gift tax laws (state level equivalent to the Federal Estate and Gift Tax Reporter) 6 volumes $1695 Weekly updates State Volumes Each state has a separate division with uniform arrangement: – Laws and Regulations Section Provides full text of relevant laws and regulations with amendments – Compilation Section CCH explanations, annotations of interpretative authorities (court decisions, AG opinions, etc.) Additional Material All-State Compendiums – Brief summary of the laws of each state (main features of the laws, tables of rates and exemptions, description of taxable transfers) All-State Treatise – Brief synopsis of the entire death tax subject All-State Charts Stock Transfers – Designed to assist in the transfer of stock in decedent estates (outline of procedure with forms, comprehensive roster of U.S. and Canadian corporations whose stocks are traded, etc) CCH Nebraska Tax Reporter Covers revenue-producing taxes Arranged by tax type 2 volumes $629 Semi-monthly updates Available on CCH Tax Research Network Taxes Covered Corporate Income and Franchise Taxes Personal Income Taxes Property Tax Sales and Use Taxes Insurance Taxes Utilities Tax Cigarette Tax Gasoline Tax Motor Vehicle Tax Severance Tax Content Explanations and annotations, organized by tax type, with references to related laws, regulations, court decisions and administrative rulings. The full text of state tax statutes, regulations, rulings and releases, court decisions and attorney general opinions. Coverage of proposed legislation and state regulatory activities from introduction through enactment. Summary of state inheritance, estate, and gift taxes. CCH State Tax Guide Based on CCH’s State Tax Reports 3 volumes $1439 Semi-monthly updates Available on CCH Tax Research Network Content State-by-state summaries of nearly all taxes imposed in each state, organized by state and by tax. Quick-reference charts that provide a multistate overview of tax rates, due dates, and numerous other topics. (ex: Personal Income Charts-Table of rates, Table of Special Features, Estimated Tax Requirements, Filing Thresholds, etc.) “Doing Business Requirements” and Multistate Taxation Specialized Resources International Tax Accounting Miscellaneous International Income Tax and Estate Planning, 2nd ed. Discusses international income taxation and international estate planning Organized by topic Two volumes $538 Updated annually Content Analysis covers: – Federal legislation – Tax treaties – Regulations and rulings by the IRS – Case law Chapters include discussions on: – Conflicts of laws – Federal taxation of nonresidents – Probate Tax Havens of the World Country by country discussions of tax havens Three volumes $558 Updated quarterly Content Introduction includes a description of tax havens, historical information, and U.S. statutes involved Glossary of tax haven terms included Each chapter discussion includes: – Tax exemptions and reductions – Political and economic stability – Tax treaties – Labor requirements CCH Tax Treaties Covers income and estate tax treaties which the U.S. has made with foreign countries Arranged by country 5 volumes $789 Monthly updates Available on CCH Tax Research Network Entry for each country includes: Text of the tax treaty (income and estate tax entries are separated) Official analysis of the treaty when released (State Dept. report, Treasury Dept. report, Senate Foreign Relations Committee report) Regulations, if any, adopted under the treaty CCH explanations Annotations (rulings and decisions) Federal Tax Accounting Describes when an item/expense should be recognized; not whether an item is includable as income or deductible as an expense One volume $285 Updated twice a year Content Resource includes twelve chapters – Begins with “Tax Accounting – What is it?” – Methods of Accounting – Inventories – The Time Value of Money Tax Accounting Two volume set $580 Updated annually Content Volume one contains nine chapters, including: Accounting periods and methods Volume two contains appendices, including: – IRC provisions – Income tax regulations – Proposed regulations – IRS revenue rulings Estate Planning for Farmers and Ranchers, 3rd ed. Addresses estate planning for farm and ranch families and the family-oriented small business Two volume set $248 Updated by yearly supplements Content Intended as a companion to Family Business Organizations, 2nd by Kelley Each chapter begins with Research References Chapters include: – – – – – Economic Background of Farm & Estate Tax Planning Gift Planning The Farm Corporation Life Insurance Retirement Planning for Farmers and Ranchers Tax, Estate and Financial Planning for the Elderly Focuses on elderly clients One volume $270 Updated twice a year Content Begins with a glossary of acronyms Chapters include: – – – – Elder abuse Supplemental Security Program Health Care Decisions Financial Planning Also discusses non-legal issues – Aware of physical limitations (e.g.: having a magnifying glass available) – Not acting as a family intermediary – Maintaining regular contact Staying current Types of tools Continuing Legal Education Materials Law Review/Law Journal Articles Current awareness materials that accompany a larger set Continuing Legal Education Annual Notre Dame Tax and Estate Planning Institute (proceedings) Annual Philip E. Heckerling Institute of Estate Planning Major Tax Planning ALI-ABA Estate Planning Course Materials Journal Law Review/Journal Articles Find through many sources – Index to Federal Tax Articles – CCH Federal Tax Articles – LegalTrac, Index to Legal Periodicals, and Current Law Index – HeinOnline – Westlaw Materials that are part of a larger set Many materials discussed under print resources have a current awareness service as part of the subscription Examples: – Estate Planning Review (Financial and Estate Planning) – Taxes on Parade and Tax Focus (Standard Federal Tax Reporter) Electronic Resources Things to note… Our subscriptions change Resources are available from our home page, but only if you are at the library Prices can vary for subscriptions Some offer a free “trial” subscription CCH Tax Research Network CCH Tax Research Network Many of CCH’s primary publications Primary sources Current awareness tools Tax legislation (Law Explanation and Analysis Books, etc.) Practice aids http://law.unl.edu/schmid/subs.shtml RIA Checkpoint RIA Checkpoint United States Tax Reporter (similar to Standard Federal Tax Reporter) Checklists Client Letters Pensions and Benefits Library State and Local Tax Library Calculators (mortgage, retirement, etc.) http://law.unl.edu/schmid/subs.shtml BNA BNA Resources listed alphabetically by subject Tax materials include: – Daily Tax Report – International Tax Monitor – TM Estates, Gifts and Trusts Journal – TM Portfolios – Tax Planning International (Asia-Pacific Focus and European Union Focus) http://law.unl.edu/schmid/index.shtml Westlaw Westlaw – public access Public access version only available on two computers that are located in the front of the library Available databases subject to change Westlaw – public access Databases include: – FTAX-ALL: combines many federal tax databases – MTAX-ALL: combines many state tax databases – ALR-EPP: American Law Reports annotations focusing on estate planning and probate – CASEY: Federal Tax Practice – MERTENS: Mertens Law of Federal Income Taxation Contact Us: Matthew Novak Stefanie Pearlman 402-472-3548