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State Taxation

  • Tax Court Declines to Follow Revenue Ruling 91-32 in Grecian Magnesite Mining Case

    By:
    Ari Berk, Jim Calzaretta, Paul Epstein, JD, LLM (taxation) and Christine Piar, JD
    |
    Nov 1, 2017
    After a three-year period following the trial and briefs from the taxpayer and the IRS, during which the Obama administration each year sought legislation ratifying the IRS’s position in Revenue Ruling 91-32, the Tax Court has finally issued its opinion declining to follow the ruling.

  • Social Security Benefits for Non-Working Spouses

    By:
    Daniel Mazzola, CPA, CFA
    |
    Nov 1, 2017
    In 1945, Michigan’s legislators passed a law requiring all bartenders to be licensed but prohibiting women to secure such licenses unless they were the wives or daughters of male bar owners. 

  • Long-Term Care Premiums Paid by New York Resident Taxpayers: A Potential Double Benefit

    By:
    David M. Barral, CPA/PFS, CFP
    |
    Oct 1, 2017

    For those who are proactive in planning for their end-of-life care, purchasing long-term care (LTC) insurance is a great idea. There are also tax benefits available for the premiums paid. Most CPAs are familiar with considering these premiums as an itemized deduction at the federal level under IRC section 213(d)(1)(D), but these premiums are not 100% deductible—it is adjusted annually and limited by the age of the taxpayer.

  • To Grant(or) Not? Choosing the Right Structure for Your Special Needs Trust

    By:
    Ashley Velategui, CFA
    |
    Sep 1, 2017
    Raising a special needs child can be one of life’s greatest joys, but their parents face unique challenges—not the least of which is figuring out how to financially provide for the child after both parents have passed away. 

  • New York State Residency Audits: What Is Credible Testimony?

    By:
    Brian Gordon, CPA
    |
    Sep 1, 2017
    There are two different ways a person can be considered a resident of New York State or New York City for tax purposes. The first way is to be deemed “domiciled” in New York. Depending on the circumstances, an analysis to determine domicile can be complex—but generally, you are domiciled in New York City or New York State if it is your place of primary residence. 

  • Is New York Overreaching on Audit and Litigation of Federal Issues?

    By:
    Joseph Lipari, JD, and Ellen S. Brody, JD, CPA
    |
    Aug 1, 2017
    Under New York law, an individual’s personal income tax is calculated by making certain adjustments to the taxpayer's federal adjusted gross income. In this, New York is similar to many other states. 

  • Protecting Your Assets From a Future Former Spouse

    By:
    Daniel S. Rubin, JD, LLM
    |
    Jun 1, 2017
    No one weds with the intention of later divorcing, but most people recognize at least a possibility that the person standing next to them at the altar might actually be their "future former spouse."
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