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Friday, October 20
8:30AM – 11:30AM
Closely Held Businesses (Tax) and Business Planning Group (PT)
Closely Held Businesses Chair: John O. Tannenbaum, Law Offices of John O. Tannenbaum, Hartford, CT
Business Planning Group Chair: Steven B. Gorin, Thompson Coburn LLP, St. Louis, MO
8:30am Committee Welcome and Administrative Matters.
8:40am Estate Tax Planning for the Sale of Business Interests: Structuring Sales of Businesses for Estate Tax Planning Purposes – Use of Grantor Retained Annuity Trusts (GRATs), Self-Canceling Installment Notes (SCINs), Sales to Irrevocable Grantor Trusts (IGTs) and Private Annuities. Income tax, transfer tax and business planning for each transaction at inception and during operation.
9:50am Estate Tax Planning for the Sale of Business Interests: Death of the Grantor/Seller Before Full Payment – Effect on GRATs, SCINs, Sales to IGTs and Private Annuities.
10:40am Estate Tax Planning for the Sale of Business Interests: Continuation of Discussion of GRATs, SCINs, Sales to IGTs, Preferred Partnerships and Private Annuities. Discussion will include Post-Mortem Income Tax and Marital Deduction Planning and Cash Flow Issues – Effect on GRATs, SCINs, Sales to IGTs and Private Annuities.
8:30AM – 10:15AM
Employee Benefit Plans and Other Compensation Arrangements Group
Chair: Peter McClorey Kelly, Law Office of Peter McClorey Kelly,
Chicago, IL
8:30am Employee Benefit Plans and Other Compensation Arrangements Group: Dealing With Illness & Disability in a Consumer Driven Health Care World: Real World Legal and Operational Challenges & Opportunities for Patients and Families, Payers & Providers. This interdisciplinary panel will help estate planning, employment and other attorneys understand and negotiate the complex legal and practical challenges involved in helping their clients and their own families address the rights and care of elderly or disabled individuals. Moderator: Cynthia Marcotte Stamer, Glast Philips & Murray PC, Dallas, TX.
8:30AM – 10:15AM
Litigation and Controversy Group
Chair: Dominic J. Campisi, Evans Latham Campisi, San Francisco, CA
8:30am Litigation and Controversy Group: Investment Duties and Liabilities of Fiduciaries - Restatement Third and Other Investment Theories in Transaction in the Courts. Moderator: Dominic J. Campisi, Evans Latham Campisi, San Francisco, CA.
10:30AM – 12:15PM
Elder Law and Disability Planning Group
Chair: Katherine N. Barr, Sirote & Permutt, Birmingham, AL
10:30am Elder Law and Disability Planning Group: Legal and Ethical Issues Inherent in Artificial Reproductive Techniques - Issues That Affect Your Tax and Estate Practice. Medical science devotes significant resources to increasing the options available to infertile couples. The arrival of new artificial reproductive techniques brings new legal and ethical issues, many of which remain unaddressed by the courts or legislatures. Panelist: Jennifer M. McCallum, Law Office of Jennifer McCallum Erie, CO.
10:30AM - 12:15PM
Wealth and Non-Tax Estate Planning Considerations Group
Chair: Christopher H. Gadsden, Gadsden Schneider & Woodward LLP, King of Prussia, PA
10:30am Wealth and Non-Tax Estate Planning Considerations Group: Total Return Trusts - Investment and Administration Issues. Presenters will explore the investment, tax and practical issues surrounding the exercise of the power to adjust under section 104 of the Uniform Principal & Income Act and the power to convert an income trust to a total return trust under statutes that are in effect in most U.S. jurisdiction. Moderator: Christopher H. Gadsden, Gadsden Schneider & Woodward LLP, King of Prussia, PA. Panelists: Christopher Cline, Holland & Knight LLP, Portland, OR; Richard W. Nenno, Wilmington Trust Company, Wilmington, DE.
12:30PM - 2:00PM
Estate & Gift Taxes (Tax), Fiduciary Income Tax (Tax) and Probate and Trust Division Luncheon (Ticketed)
12:30PM - 1:30PM
Exempt Organizations (Tax) and Charitable Planning and Exempt Organizations Committee (PT) Luncheon (Ticketed)
1:45PM - 3:45PM
Exempt Organizations and Charitable Planning and Exempt Organizations Committee (PT)
Chair: LaVerne Woods, Davis Wright Tremaine LLP, Seattle, WA
Exempt Organizations Chair(Tax): LaVerne Woods, Davis Wright Tremaine LLP, Seattle, WA
Charitable Planning and Exempt Organizations Chair (RPPT): Carol G. Kroch, Wilmington Trust Company, Wilmington, DE
1:45pm Task Force Report: Tax Shelters and Tax-Exempt Organizations. New Code section 4965 imposes penalties on exempt organizations that are parties to prohibited tax shelter transactions. This panel will take an initial look at what the new law means for exempt organizations. The panel will also explore in depth the various arrangements under which exempt organizations hold interests in life insurance contracts. Panelists:
Professor Frances R. Hill, University of Miami Law School, Coral Gables, FL; Douglas M. Mancino, McDermott Will & Emery, Los Angeles, CA.
2:45pm Anatomy of a Charitable Gift - Perspectives from Donors, Donees and Others. A charitable gift may raise different issues for various participants -- the donor, the donee, the trustee (if any), federal and state regulators, and others. The panel will discuss proposed gifts from a variety of perspectives. Moderator: Jerry J. McCoy, Law Office of Jerry J. McCoy, Washington, DC. Panelists: Betsey Mangone, The Denver Foundation, Denver, CO; Alan Rothschild, Hatcher Stubbs Land Hollis & Rothschild, Columbus, GA.
3:45pm Cash Bar.
2:30PM – 5:30PM
Closely Held Businesses (Tax); Business Planning Group (PT); and Litigation and Controversy Group (PT)
Closely Held Businesses Chair: John O. Tannenbaum, Law Offices of John O. Tannenbaum, Hartford, CT
Business Planning Group Chair: Steven B. Gorin, Thompson Coburn LLP, St. Louis, MO
Litigation & Controversy Group Chair: Dominic J. Campisi, Evans Latham Campisi, San Francisco, CA
2:30pm Changing the Type of Entity Before or After Death for Estate and Succession Planning Purposes.
4:00pm Dispute Resolution Before and/or After Death of the Entrepreneur For Unrelated Families and/or Dysfunctional Families.
5:30pm Closely Held Businesses Committee Planning Meeting.
2:30PM – 4:30PM
Income and Transfer Tax Planning Group
Chair: Professor Jeffrey Pennell, Emory University, Atlanta, GA
2:30pm Income and Transfer Tax Planning Group: Roundtable. A properly prepared timely filed gift tax return effectuates or precludes intended GST tax planning. However, GST tax planning and compliance rules have significantly transformed in recent years. This program will focus on translation from theoretical rules to practice by noting common errors and recommending recommend best practices to take advantage of the recent changes in GST tax law. Moderator: Edward M. Manigault , Jones Day, Atlanta, GA. Panelists: Rozlyn L. Anderson, Merrill Lynch Private Banking, New York, NY; Julie K. Kwon McDermott Will and Emery, Chicago, IL.
3:45PM – 5:30PM
Practice Management Group (RPPT)
Chair: David L. Campbell, Campbell & Cobbe PC, Dallas, TX
3:45pm Practice Management Group: Stop Wasting Billable Time Looking for Paper – Go Paperless! This program will focus on techniques for transactional and probate and trust lawyers to become more paperless without great expense, learning new programs, or adding staff. It will include discussion of scanners, image management programs such as Adobe Acrobat, PaperPort, and eCopy Desktop, paperless internet and software fax, making closing binders on CD, and extranets. Panelist: Nancy N. Grekin, McCorriston Miller Mukai MacKinnon LLP, Honolulu, HI.
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