Publications

Articles on Taxation

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.

Procedures for appeals before the Property Tax Appeal Board amended

April
2006
Illinois Law Update
Page 174
Effective January 20, 2006, Part 1910 of Title 86, 86 Ill Adm Code 1910, was amended and new sections were added regarding property tax appeals.

Danger lurks in p.i. confidentiality clauses

By Helen W. Gunnarsson
March
2006
LawPulse
Page 110
A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.

New sections added and amendments made regarding motions and appeals to the Property Tax Appeal Board

March
2006
Illinois Law Update
Page 118
The Illinois Property Tax Appeal Board has amended Part 1910 of Title 86, 86 Ill Adm Code 1910. The Board has added new sections and amended the Part with regard to motions, notice and consolidation of appeals. 

Does Your Client Qualify for a Charitable Property Tax Exemption?

By Karyn R. Vanderwarren
January
2006
Article
Page 40
Whether you're counsel or a board member, you can help your charity try to qualify for an exemption and put the dollars you save to charitable use.

Tax Issues in Employment Discrimination Settlements

By Ralph A. Morris and Heather R.M. Becker
December
2005
Article
Page 638
Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.

Employers to file quarterly tax returns for deductions and withholdings

November
2005
Illinois Law Update
Page 564
The Illinois Department of Revenue (Department) recently amended Part 100 of Title 86, effective August 15, 2005.

Pages

Select a Different Subject