Illinois Bar Journal

Articles on Taxation

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 & 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 & 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.

TaxNet: Online tax filing for employers

By Helen W. Gunnarsson
November
2005
LawPulse
, Page 558
Now Illinois employers can pay state taxes and file documents online.

Circular logic

By Helen W. Gunnarsson
August
2005
LawPulse
, Page 382
Revised IRS Circular 230 requires lawyers and others who offer tax advice to take extra care and additional steps. Some lawyers think it goes too far.

New limits for family limited partnerships

By Helen W. Gunnarsson
August
2005
LawPulse
, Page 382
Casting a shadow over a popular tax avoidance device, a recent case disallowed an estate tax break for a decedent who maintained too much control over the business he transferred to his family limited partnership.

Taxes, Marital QTIP Trusts, and Anti- Apportionment Clauses

By David Berek
August
2005
Column
, Page 418
It's time to revisit the language you've been using in QTIP trusts. 
Find out why.

How Illinois’ Homestead Exemption Really Works

By David J. Dwyer
May
2005
Article
, Page 252
Here's how to calculate property taxes in Cook County under the new law.

Property Tax Code allows for post-judgment motions

May
2005
Illinois Law Update
, Page 232
On February 17, 2005, the Illinois Supreme Court reversed the appellate court's dismissal of the property owners' appeal and remanded the case to the appellate court. 

Tax credit expanded under Economic Development for a Growing Economy Tax Credit Act

April
2005
Illinois Law Update
, Page 170
The Illinois Department of Commerce and Economic Opportunity recently amended 14 Ill Adm Code 527. 

All constitutional requirements must be met in order for property to qualify for a charitable-use property tax exemption

March
2005
Illinois Law Update
, Page 116
On December 2, 2004, the Illinois Supreme Court reversed the orders of the appellate and circuit courts, which reversed the Illinois Department of Revenue's (Department) holding that the property in question was not tax exempt. 

Salaries at not-for-profits: the IRS takes a hard look

By Helen W. Gunnarsson
February
2005
LawPulse
, Page 62
If you advise or sit on the board of a tax-exempt organization, take note of an IRS initiative to make sure nonprofits aren't paying employees too much.

School Code amended to specify maximum-authorized district educational tax rate PA 093-1059

February
2005
Illinois Law Update
, Page 68
Effective December 8, 2004, the School Code was amended by adding 105 ILCS 5/17.3.5, to indicate the maximum-authorized district educational tax rate.

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