Illinois Bar Journal

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Articles on Taxation

Presenting property tax appeals October 2009 Column, Page 532 Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?
Winning at Darwin’s Game By Katarinna McBride August 2009 Column, Page 420 Survivor-style challenges and opportunities confront estate planners.
Illinois Retailers’ Occupation Tax revised May 2009 Illinois Law Update, Page 226 The Illinois Department of revenue revised the retailers' occupation tax as it relates to fly-away aircrafts and taxes charged by hotels and similar establishments for the rental of meeting, conference, banquet, and other similar types of rooms when food and beverages are provided. 86 Ill Adm Code 130.
Department of Revenue amends rules governing income taxes in Illinois April 2009 Illinois Law Update, Page 174 The Department of Revenue amended several sections and added two new sections to Ill Adm Code 100. The updates implement the amendments made to the Illinois Income Tax Act (IITA) (35 ILCS 5).
Illinois Estate Tax Planning in 2009 and Beyond By Gary R. Gehlbach and Emily R. Vivian February 2009 Article, Page 80 Beginning this year, the gap between the Illinois and federal estate tax widens. This article discusses the implications and makes the case for an Illinois QTIP.
State Income Tax rules updated January 2009 Illinois Law Update, Page 16 The Illinois Department of Revenue amended Title 86, which governs Illinois state income tax rules. 86 Ill Adm Code 100.7300 et seq. The purpose of the amendment is to provide guidance on the application of the Illinois income tax withholding requirements for employers. 
Real estate and divorce: No more transfer-tax exemption? By Helen W. Gunnarsson December 2008 LawPulse, Page 606  To the chagrin of matrimonial lawyers, Chicago has begun taxing the transfer of a divorcing couple's jointly owned home to one of the ex-partners.
How to use Gifts to reduce Illinois estate taxes By Robert J. Kolasa November 2008 Article, Page 580 In 2009, federal and Illinois estate taxes will be "decoupled." Here's how estate planners can use gifts to help clients pay less.
Changes to the Illinois income tax laws October 2008 Illinois Law Update, Page 504 The Illinois Department of Revenue made several amendments and added two sections to Part 100 of Title 86, relating to the assessment and collection of Illinois income tax. 
New rules governing reporting requirements of private biodiesel producers July 2008 Illinois Law Update, Page 340 The Department of Revenue amended 86 Ill Adm Code 500, in an effort to impose reporting and payment requirements on those who produce biodiesel fuel or biodiesel fuel blends for self-use. 86 Ill. Adm. Code 500. 
New Rules governing Tax Shelters, Listed Transactions, and Credits for Business Assets April 2008 Illinois Law Update, Page 180 The Department of Revenue made several amendments and added two new sections governing tax shelters to the Income Tax part of Title 86 of the Illinois Administrative Code. 86 Ill Adm Code 100. 
New Preparer Standards For Estate, Gift Returns By David A. Berek February 2008 Column, Page 102 The standards and penalties long app-licable to income tax returns now apply to estate and gift tax filings.
Tax sales: the court helps taxpayers who help themselves By Helen W. Gunnarsson February 2008 LawPulse, Page 66  Here's how not to win compensation after losing your house for failure to pay taxes.
Year-End Planning for Trust-and-Estate Clients By David A. Berek November 2007 Column, Page 606 It's not too late to implement some tax-saving strategies for your estate-planning clients.
Estate Planning for the Rest of Us By Helen W. Gunnarsson October 2007 Article, Page 520 Most people don't have estates large enough to owe tax when they die. But they still need estate-planning advice.
Professional licenses can be withheld for non-payment of taxes August 2007 Illinois Law Update, Page 404 A new sub-section, 1100.560, has been added to 68 Ill Adm Code 1100, effective May 16, 2007. 
Even More Uncertainty about Estate-Tax Apportionment By Carleen L. Schreder June 2007 Article, Page 306 Two recent decisions interpreting apportionment waiver clauses in wills and revocable trusts make new law. Here's an analysis.
State must take reasonable steps to inform homeowner debtor of impending house sale June 2007 Illinois Law Update, Page 292 On April 19, 2007, in a case that was remanded to the Illinois Supreme Court from the United States Supreme Court, the Illinois Supreme Court, effectively, affirmed its own prior decision, holding that the state and the purchaser of a tax deed had made sufficient efforts to give notice to the delinquent taxpayer.
Tax exemptions for out-of-state motor vehicle purchasers narrowed and clarified June 2007 Illinois Law Update, Page 292 The Department of Revenue has amended sections 130.120 and 130.605 of 86 Ill Adm Code 130 to reflect changes made to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq). 
Tax nonpayment sales and the mentally ill - does the system work? By Helen W. Gunnarsson June 2007 LawPulse, Page 286 Do recent cases indicate that Illinois should change its laws to further protect mentally ill property owners?
Are Investment Advisory Fees 100-Percent Deductible? By David A. Berek February 2007 Column, Page 104 The federal circuits are split and the seventh circuit is silent.
Deductions disallowed for transaction expenses between a taxpayer and certain persons February 2007 Illinois Law Update, Page 72 The Illinois Department of Revenue has added a new section to 86 Ill Adm Code 100.
Sales of intangible property during cessation of business activity is nonbusiness income January 2007 Illinois Law Update, Page 14 The Illinois Appellate Court, First District, affirmed on November 9, 2006, the Circuit Court of Cook County's grant of summary judgment in favor of the plaintiff after the Illinois Department of Revenue (Department) issued a notice of deficiency against her for alleged failure to report over $20 million in partnership income. 
Series LLCs: Practical Pointers and Tax Implications By Randall H. Borkus and Kimberly J. Myers January 2007 Article, Page 22 Beware the danger in failing to properly separate assets in the series, and note unanswered tax questions.
Discovery rules changed for appeals of property assessments of over $1 million December 2006 Illinois Law Update, Page 650 The Property Tax Appeal Board (Board) has added section 1910.79 and amended section 1910.95 of 86 Ill Adm Code 1910, effective September 29, 2006, in order to "streamline and expedite the appeal process" for appeals on property assessments of $1 million or more.
New rules on openness and evidence adoption in property tax hearings November 2006 Illinois Law Update, Page 584 The Property Tax Appeals Board (Board) has amended sections 1910.67 and 1910.90 to 86 Ill Adm Code 1910 to reflect that although property tax appeal hearings are generally open to the public, the board or its officers can now close all or parts of hearings in order to protect private information from being disclosed.
Electronic tax payments are timely if started prior to the due date September 2006 Illinois Law Update, Page 464 Effective June 26, 2006, the Illinois Department of Revenue (Department) amended part 750 of title 86, 86 Ill Adm Code 750. 
The Increasing Estate-Tax Exclusion Amount By David A. Berek August 2006 Column, Page 440 Here's a look at legislative proposals for making the higher estate-tax exclusion permanent.
Winning Tax Exemption for Illinois Nonprofit Nursing Facilities: No Easy Task By Neville M. Bilimoria August 2006 Article, Page 420 A little-known Illinois Supreme Court case makes it much harder for nonprofit nursing homes to get a property tax exemption.
Procedures for appealing to PTAB adjusted May 2006 Illinois Law Update, Page 230 In order to clarify existing procedures and add a new deadline extension for submitting rebuttal evidence, the Property Tax Appeal Board has amended and added to Part 1910 of Title 86, 86 Ill Adm Code 1910, effective February 15, 2006.